2011 (7) TMI 918 - SC - Central Excise

Evasion of duty - Clandestine clearance - In the case of Union of India v. Rajasthan Spinning & Weaving Mills (2009 -TMI - 33419 - SUPREME COURT OF INDIA) - Despite the availability of such evidence on record, the High Court was not justified to hold that there was no evidence adduced or brought on record in support of the contention that there was no malice or clandestine approach to evade payment of duty - Appeals are allowed by way of remand

Summary

Issues:
Appeal against High Court judgment dismissing appeal, imposition of penalty under Section 11AC of Central Excise Act, evidence of malice or clandestine approach to evade duty, applicability of law laid down by Supreme Court in Rajasthan Spinning & Weaving Mills case, remand for fresh consideration of evidence, findings of High Court contrary to Supreme Court decision, setting aside High Court judgment, remitting matter for fresh decision, date fixed for arguments before High Court.

Analysis:
The appeal was filed against a High Court judgment that dismissed the appellant's appeal, stating there was no intention to evade duty by the assessee and no penalty was leviable under Section 11AC of the Central Excise Act since duty was paid before the show cause notice. The appellant argued that the High Court's conclusions were perverse and not supported by evidence, citing a Supreme Court decision in Rajasthan Spinning & Weaving Mills case. The respondent contended that the same case was remanded for fresh consideration based on available evidence.

Upon review, the Supreme Court found that the High Court's findings were contrary to the Rajasthan Spinning & Weaving Mills case and the evidence on record, including the show cause notice, reply, and adjudicating authority's findings. The High Court failed to consider the evidence and arrived at conclusions without proper reasoning or appreciation of the facts. Consequently, the Supreme Court allowed the appeal, set aside the High Court judgment, and remitted the matter for a fresh decision in accordance with the law and the Supreme Court's decision, emphasizing the importance of considering the evidence available.

The parties were directed to appear before the High Court for arguments on a specified date. The Supreme Court clarified that its observations should not be construed as a final view on the merits of the dispute between the parties, ensuring that the High Court would independently assess the case based on the evidence and legal principles provided.