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2007 (10) TMI 114 - AT - Central ExciseMere on basis of shortage of packing material it cannot be concluded clandestine removal if there is no any other material such as shortage of raw material Officers not admitted the same Demand and penalty not justified.
Issues: Alleged clandestine removal of goods, duty demand, penalties
Alleged Clandestine Removal of Goods: The case involved a search at the factory of the appellants where shortages of printed laminated rolls were found, raising suspicions of clandestine removal of goods. The officers of the company denied any such activity, attributing the shortage to mishandling by uneducated workers. The absence of evidence linking the shortages to actual removal of goods without payment of duty led the tribunal to conclude that the finding of clandestine removal was not adequately supported. As a result, the duty demand and penalties related to this issue were set aside, and the appeals were allowed. Duty Demand and Penalties: Following the search and shortages discovered, a show cause notice was issued proposing a duty demand, interest, and penalties on the company and its chairman-cum-director. The Joint Commissioner confirmed the duty demand, imposed penalties, and the Commissioner (Appeals) upheld this decision. However, the tribunal found that the evidence presented by the department, solely based on shortages of packing material, was insufficient to establish clandestine removal of goods. Since no other material supported the conclusion of duty evasion, the tribunal set aside the duty demand and penalties, ultimately allowing the appeals brought by the appellants. This judgment highlights the importance of substantial evidence in establishing allegations of clandestine activities and duty evasion. The tribunal emphasized the need for a clear link between the shortages identified and the actual removal of goods without payment of duty. In the absence of such evidence, the duty demand and penalties were deemed unjustified, underscoring the significance of a robust evidentiary basis in excise duty cases.
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