2011 (1) TMI 622 - AT - Central Excise

Demand, interest and penalty - Clandestine removal -s removal of crimped/texturised yarn without Central Excise invoices - No efforts have been made by investigating officers to conduct search at the premises of M/s K.P. Corporation, alleged recipient of non-duty paid goods and to record statement of authorized representative - As such, find that apart from the fact of entries made in the note book which has been held to be a slip book for issuance of POY by Commissioner (Appeals) , and retracted statement, there is virtually no evidence to support the Revenue s case - Revenue s appeal is, accordingly, rejected.

Summary

Issues:
1. Alleged clandestine removal of goods without payment of duty based on entries in a notebook.
2. Validity of the statement of the authorized signatory admitting to the removal of goods without payment of duty.
3. Sufficiency of evidence to establish clandestine removal of goods.

Analysis:
1. The case involves an appeal by the Revenue against the order of the Commissioner (Appeals) regarding alleged clandestine removal of crimped/texturised yarn without payment of duty. The Central Excise officers found entries in a notebook indicating such removals without corresponding invoices, leading to the initiation of proceedings against the respondent.

2. The Revenue contended that the statement of the authorized signatory, admitting to the removal of goods without payment of duty, should be considered valid evidence despite being retracted. The Commissioner (Appeals) had set aside the original order, highlighting that the statement was retracted and emphasizing the lack of substantial evidence to support the Revenue's claim of clandestine removal.

3. The Tribunal analyzed the grounds of appeal and found that the Revenue primarily challenged the findings related to the authorized person's statement. However, upon review, it was observed that there was insufficient evidence overall to establish clandestine activities by the respondent. The Commissioner (Appeals) had already determined that the evidence, including the retracted statement and the notebook entries, was not substantial enough to prove clandestine removal. Additionally, the investigating officers had not pursued further evidence by conducting searches or recording statements at the alleged recipient's premises.

In conclusion, the Tribunal rejected the Revenue's appeal, affirming the Commissioner (Appeals)' decision that there was a lack of substantial evidence to support the claim of clandestine removal of goods without payment of duty. The judgment emphasized the importance of sufficient evidence and investigative efforts in establishing such allegations, ultimately upholding the decision in favor of the respondent.