2007 (8) TMI 183 - HC - Central Excise

Clandestine removal Seizure Tribunal found that note books shown by Dept. are not genuine and even not mentioned in panchnama No any signature of any person to show that these were the same note books which were seized Tribunal decision is based on evidence hence no question of law arise

Summary

Issues:
1. Lack of evidence in the matter.
2. Sufficiency of proof to establish clandestine manufacturing and removal of excisable goods.

Analysis:
1. The appeal challenged an order passed by the Customs Excise and Service Tax Appellate Tribunal regarding lack of evidence in the matter. The facts were undisputed, involving the recovery of incriminating records from the petitioner's factory premises. The Tribunal found discrepancies in the seized notebooks, creating doubt about their genuineness. The statement of the authorized signatory was retracted, and the Tribunal emphasized the need for concrete evidence to prove clandestine activities. The Tribunal also disregarded the statement of another individual due to lack of cross-examination. Ultimately, the Tribunal set aside the demand for duty based on the notebooks, citing insufficient corroborated material by the department.

2. The second issue revolved around the sufficiency of proof to establish clandestine manufacturing and removal of excisable goods. The Tribunal's decision was based on the lack of concrete evidence such as procurement of raw materials, labor employed, and power consumption to prove clandestine activities. The Tribunal highlighted the importance of evidence in establishing such claims and emphasized the need for corroborated material. The statement of another individual was not relied upon due to the absence of cross-examination. The Tribunal's decision to not sustain the additional duty demand based on the notebooks was rooted in the lack of substantial evidence supporting the Revenue's claims.

3. The High Court, after hearing arguments from both parties, concluded that no question of law emerged for determination. The Tribunal's findings regarding discrepancies in the seized notebooks, lack of signatures, and doubts about genuineness were upheld. The Court reiterated the importance of concrete evidence in proving clandestine activities and highlighted the Tribunal's thorough examination of the evidence presented. The Court dismissed the appeal, stating that the questions raised were factual in nature and not within its jurisdiction to reevaluate evidence or overturn the Tribunal's findings.

This detailed analysis of the judgment highlights the key issues of lack of evidence and sufficiency of proof in establishing clandestine manufacturing and removal of excisable goods, as addressed by the Tribunal and upheld by the High Court.