2014 (1) TMI 379 - AT - Central Excise

Clandestine removal of frit Undervaluation of goods Waiver of Pre-deposit Held that - Two raw material suppliers have accepted to have sold the raw materials to the appellants without billing or under valuing the raw materials - All these evidences needs to be gone into detail to come to a conclusion - the admission made by the authorised signatory of the appellant accepted that there being clandestine manufacturing/ production and clearances in respect of frits is an evidence which cannot be over looked - the appellant has already deposited an amount of Rs. 10 Lakhs during the investigation - M/s. Jaysun Enterprise directed to deposit an amount of Rupees forty lakhs and M/s. Narmada Enterprise to deposit an amount of Rupees twenty five lakhs as pre-deposit upon such submission rest of the duty to be stayed till the disposal partial stay granted.

Summary

Issues:
Delay in filing appeals before Tribunal, clandestine removal of goods, under valuation of clearances, financial hardship of the appellants.

Delay in Filing Appeals:
The appellants filed applications for condonation of delay ranging between 3 to 5 days in filing appeals before the Tribunal. The Tribunal, considering the marginal delay, condoned the delay and directed the registry to take up the stay petitions and appeals on record.

Clandestine Removal of Goods and Under Valuation:
The main appellants, manufacturers of 'frit', were accused by the Revenue of clandestinely removing frit and undervaluing their clearances. The adjudicating authority did not provide findings on how the clandestine manufacturing took place, basing its conclusion on gas consumption. The appellants argued that this evidence was weak and lacked corroboration from other sources. The Revenue contended that the authorized signatories had admitted to clandestine production, negating the need for further corroboration. The Tribunal noted the admission by the signatories and the statements of raw material suppliers selling goods without billing or undervaluing, emphasizing the need for a detailed examination of the evidence to determine the appellants' liability.

Financial Hardship and Pre-Deposit:
The appellants claimed severe financial hardship and presented balance sheets showing losses. Despite the financial difficulties, the Tribunal directed one appellant to deposit Rs. 50,00,000 and the other Rs. 25,00,000 within eight weeks. The Tribunal considered the amount already deposited during the investigation and set deadlines for compliance. The applications for waiver of balance amounts were allowed, and recovery was stayed pending the appeal's disposal.

This judgment addressed issues related to delay in filing appeals, allegations of clandestine removal of goods and under valuation, financial hardship of the appellants, and the requirement for pre-deposit. The Tribunal considered the evidence, including admissions by the authorized signatories and statements from suppliers, to determine the liability of the appellants. Despite financial challenges, the Tribunal ordered specific amounts to be deposited within a specified timeframe, with recovery stayed until the appeal's resolution.