2015 (9) TMI 206 - HC - Central Excise

Duty demand - Shortage of goods - Seizure of goods - Fraudulent availment of MODVAT Credit - Non receipt of actual goods - Held that - From the contents of paragraphs 24 to 29 of the order-in-original, the contention of the appellant regarding violation of principle of natural justice appears to be incorrect - In view of the concurrent finding of fact recorded by both the authorities, Court does not find any substance in these appeals and moreover appeals involve no substantial question of law - appeals have no merit - Decided against assessee.

Summary

Issues Involved:

1. Alleged fraudulent availing of Cenvat credit by the appellant.
2. Seizure and confiscation of goods by the Central Excise Authorities.
3. Imposition of penalties and interest on the appellant and associated parties.
4. Non-supply of certain documents and alleged violation of principles of natural justice.

Issue-wise Detailed Analysis:

1. Alleged Fraudulent Availing of Cenvat Credit:

The appellant, a manufacturer of M.S. Plates and M.S. Coils, was accused of fraudulently availing Cenvat credit on inputs and capital goods without actual receipt of the goods. The Central Excise Authorities, upon investigation, found a shortage of 2620.800 MT of slabs and an excess stock of 76.62 MT of M.S. Plates. Statements from the appellant's officers confirmed the non-receipt of slabs and the mere receipt of duty-paying documents. The adjudicating authority confirmed the demand, interest, and penalties against the appellant, which was upheld by the appellate tribunal. The tribunal's investigation revealed that the appellant created fictitious units to avail illegal Cenvat credit through paper transactions without actual movement of goods.

2. Seizure and Confiscation of Goods:

The Central Excise Authorities seized excess M.S. Plates found during the search. The adjudicating authority ordered the confiscation of 76.628 MT of M.S. Plates and 88.120 MT of M.S. waste and scrap, allowing the appellant to redeem the goods on payment of a redemption fine. Additionally, the wrongly availed Cenvat credit amounting to Rs. 3,67,52,507/- was disallowed and confirmed for recovery. The land, building, plant, and machinery of the appellant were also confiscated, with an option to redeem them on payment of a redemption fine.

3. Imposition of Penalties and Interest:

Penalties were imposed on the appellant and associated parties under various rules of the erstwhile Central Excise Rules, 1944. The appellant was fined Rs. 5,00,000/- and Rs. 3,67,52,507/-. Interest at the appropriate rate was also levied for the wrong credit availed. Additional penalties were imposed on the Managing Director, Deputy General Manager, and other associated parties, ranging from Rs. 1,00,000/- to Rs. 25,00,000/-.

4. Non-supply of Certain Documents and Alleged Violation of Principles of Natural Justice:

The appellant contended that certain documents, including computer floppies and files, were not supplied, violating the principles of natural justice. The adjudicating authority and the appellate tribunal, however, found that the appellant was provided ample opportunities to inspect and obtain the necessary documents. The appellant's refusal to accept the floppies due to technical reasons and the subsequent claim of missing documents were deemed attempts to prolong the proceedings. The authorities concluded that all relied-upon documents were provided, and the appellant's non-cooperation was unjustified.

Conclusion:

The High Court, upon reviewing the concurrent findings of fact by both the adjudicating authority and the appellate tribunal, found no merit in the appellant's appeals. The court dismissed the appeals, concluding that there was no substantial question of law involved and that the appellant's contentions regarding non-supply of documents were incorrect. The judgment upheld the penalties, interest, and confiscations ordered by the authorities, reinforcing the findings of fraudulent activities and attempts to defraud the revenue.