2013 (5) TMI 623 - AT - Central Excise

Clandestine clearance of goods Demand related to clearance of unaccounted goods - The contention of the applicant is that except statement of the Director there is no evidence regarding clearance of goods without payment of duty. Held that - Admission made by the appellant the Director of the manufacturing unit as well as the authorised signatory of the recipient that the goods were cleared and received without payment of duty. It is a clear case of clandestine clearance of goods therefore the ratio of the decision of the case Orissa Bridge & Construction Corpn. Ltd. Vs. CCE 2008 (8) TMI 585 - SUPREME COURT OF INDIA is not applicable on the facts of the present case. Thus, as per admission made by the Director of the manufacturing unit as well as recipient there is no infirmity in the impugned order whereby the demand of duty is confirmed and penalties were imposed on the unit as well as on the Director.

Issues Involved:
Challenge to demand of Rs. 97,505/- by M/s L. Kant Paper Mills Ltd., challenge to penalty of Rs. 50,000/- by Shri Nikhil Agrawal, Director of the appellant, evidence of clearance of goods without payment of duty, reliance on previous Tribunal and Supreme Court decisions, time bar issue, admission by Director and signatory of recipient regarding clearance without payment of duty, applicability of legal precedents.

Analysis:

Issue 1: Challenge to Demand and Penalty
The appeal was filed by M/s L. Kant Paper Mills Ltd. against the demand of Rs. 97,505/- and by Shri Nikhil Agrawal, Director, challenging the penalty of Rs. 50,000. The case involved the clearance of 99.435 MT of ingots by M/s L. Kant Paper Mills to M/s Sarada Steel Industries Ltd. The Director admitted in his statement that only 45.085 MT ingots were accounted for the purpose of payment of Central Excise duty, leading to the demand in question.

Issue 2: Evidence of Clearance Without Payment
The applicant contended that apart from the Director's statement, there was no evidence of clearance of goods without payment of duty. However, the Revenue presented statements from the Director and the signatory of M/s Sarada Steel Industries admitting discrepancies between private and statutory records, indicating clearance without payment of duty.

Issue 3: Reliance on Legal Precedents
The appellant relied on the Tribunal's decision in a similar case involving shortage of inputs but emphasized the lack of evidence regarding clearance without payment of duty. However, the Tribunal distinguished the present case where both the Director and recipient's signatory admitted to goods being cleared without payment of duty, making the previous decision inapplicable.

Issue 4: Time Bar Issue
The appellant raised the time bar issue and cited a Supreme Court decision in support. The Revenue, however, relied on the admissions made by the Director and the recipient's signatory regarding clearance without payment of duty, which affected the applicability of the time bar argument.

Issue 5: Applicability of Legal Precedents
The Tribunal discussed the applicability of a Supreme Court decision regarding extended period of limitation in cases where the Revenue was aware of duty evasion. In the present case, the admission by both the Director and the recipient's signatory regarding clearance without payment of duty led to the rejection of the time bar argument.

Conclusion
The Tribunal found no infirmity in the impugned order confirming the demand of duty and imposing penalties based on the admissions made by the Director of the manufacturing unit and the recipient's signatory. The case was deemed a clear instance of clandestine clearance of goods, rendering the legal precedents cited by the appellant inapplicable. Consequently, the appeals were dismissed.

This detailed analysis of the judgment highlights the key issues, arguments presented, legal precedents relied upon, and the Tribunal's reasoning leading to the dismissal of the appeals.

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