2007 (7) TMI 56 - AT - Central Excise

Demand, fine and penalty Alleged that appellant is clandestine manufacture and remover of goods and demand were made along with fine and penalty Held that allegation was not correct and demand, fine and penalty was set aside

Summary

Issues:
1. Confiscation of excess goods and duty demand due to alleged clandestine clearance.
2. Denial of Modvat credit for shortages of inputs.
3. Imposition of personal penalty.

Analysis:
1. The Central Excise Officers found excess ceramic glazed floor tiles during a visit to the appellant's factory, leading to suspicions of clandestine clearance. Loading slips recovered from the transporter's premises were the primary evidence for this allegation. However, the appellate tribunal emphasized the need for tangible and affirmative evidence to prove clandestine removal. Since there was no concrete proof that the goods were dispatched from the factory, the confirmation of demand based on clandestine removal findings was set aside.

2. Regarding the shortages of modvatable inputs, the appellant argued that the register was not maintained for a period, and the officers did not consider the raw materials used during that time. The tribunal found no evidence of clandestine removal of inputs and accepted the appellant's plea. Consequently, the denial of Modvat credit amounting to Rs. 1,76,239/- was deemed unjustified, and the credit was allowed.

3. The confiscation of the excess goods was challenged by the appellant, asserting that there was no intention to clear them clandestinely without paying duty. The tribunal noted the lack of evidence supporting clandestine clearances and set aside the confiscation of the goods. However, a penalty of Rs. 2,000/- was imposed on the appellant for improper record maintenance, despite the personal penalty being lifted due to the setting aside of the demand confirmation. The tribunal rejected the Revenue's appeal for enhancing the penalty, ultimately allowing the appeals in favor of the appellant.

This judgment highlights the importance of concrete evidence in allegations of clandestine activities and the necessity for proper documentation to support claims in excise duty cases. The tribunal's decision focused on upholding principles of justice and legality while addressing each issue raised by the appellant comprehensively.