2014 (6) TMI 164 - AT - Central Excise

Duty demand - Revenue contends that consumption of input/ raw material (Arjocast paper) was much more than the production of goods falling under Chapter 48 of the CETA recorded in the appellant s RG 1 Register - Daily Stock Account Register - Held that - Entire allegations against the appellant are that there is a shortfall in the production meaning thereby that they have produced less number of bottles than the standard input output norms. We are afraid that the above cannot be made the basis for confirmation of demand of duty. If there is shortfall in production Revenue cannot confirm demand of duty in respect of goods not produced by the assessee. There is no other evidence on record showing that the appellants have cleared the said goods clandestinely. The entire case of the Revenue is based only on inferences involving unwarranted assumptions and cannot be upheld. - Decided in favour of assessee.

Summary

Issues:
1. Duty demand based on theoretical calculations.
2. Allegation of clandestine removal.
3. Interpretation of input materials used in manufacturing.

Analysis:
1. The appeal was against an Order-in-Original dated 29.09.2005, concerning duty demand on the appellant's manufacturing of floor and wall coverings under Chapters 39 and 48 of the Central Excise Tariff Act, 1985. The demand was primarily due to discrepancies in the consumption of input materials, specifically Arjocast paper, used in goods falling under Chapter 48. The appellant argued that all input papers were used for both Chapter 39 and Chapter 48 goods, supported by declarations and expert affidavits.

2. The appellant contended that the duty demand was based on theoretical calculations and that there was no suppression of production or clandestine removal. The Revenue alleged clandestine removal without concrete evidence. The Tribunal noted that the Revenue failed to provide tangible evidence supporting the charge of clandestine removal. Citing relevant case laws, including Hindustan Coca Cola Beverages Pvt. Ltd. and Chandan Tobacco Company, the Tribunal emphasized the necessity of positive and tangible evidence to prove such serious allegations.

3. The dispute revolved around the interpretation of input materials used in manufacturing different types of coverings under Chapter 39 and Chapter 48. The appellant demonstrated through documentation that Arjocast paper was utilized for both types of coverings, contrary to the Revenue's assertions. The Tribunal found the appellant's explanations, supported by declarations and technical expert affidavits, to be consistent and credible, leading to the allowance of the appeal and setting aside of the Order-in-Original.