2017 (4) TMI 644 - AT - Central Excise

Clandestine manufacture and removal - Retrofit Assemblies - Department alleged that the appellant had manufactured Retrofit Assemblies and had cleared them under the guise of trading, without payment of Central Excise duty - Held that - said observations were made by the appellate authority based on analysis of the documentary evidences available before him. Further the ld. Commissioner (Appeals) has relied on various authoritative decisions rendered by the judicial forums to hold that the charges leveled against the appellant for manufacture of Retrofit Assemblies and removal of the same clandestinely cannot be sustained - appeal dismissed - decided against Revenue.

Summary

Issues:
- Appeal against order passed by Commissioner (Appeals), Central Excise, New Delhi regarding alleged evasion of Central Excise duty on Retrofit Assemblies.

Analysis:
The case involved an appeal by the Revenue against an order passed by the Commissioner (Appeals) regarding the alleged evasion of Central Excise duty by a company engaged in manufacturing electrical items. The appellant was accused of clearing Retrofit Assemblies without paying the required Central Excise duty. The Department contended that the appellant had manufactured these assemblies and passed them off as traded goods. The Commissioner (Appeals) set aside the demand and dropped the penalties imposed. The Revenue challenged this decision before the Tribunal.

The appellant argued that they had purchased the Retrofit Assemblies for trading purposes and had not manufactured them. They presented evidence that suppliers had sold them the goods, which were later sold to Government Departments. They also disputed the Department's claim that certain items found in their factory were used in manufacturing the Retrofit Assemblies. On the other hand, the Department reiterated its grounds of appeal.

Upon hearing both sides and examining the records, the Tribunal found that the Commissioner (Appeals) had made specific findings that favored the appellant. These findings included doubts regarding the statements of suppliers, the existence of proper documentation for the transactions, lack of evidence supporting clandestine manufacturing, and absence of proof of unauthorized procurement of raw materials. The Commissioner (Appeals) had relied on established legal precedents to support the decision to dismiss the charges against the appellant.

Ultimately, the Tribunal upheld the decision of the Commissioner (Appeals) and dismissed the Revenue's appeal. The judgment highlighted the importance of documentary evidence and legal principles in determining the validity of the allegations. The decision emphasized the need for concrete proof to substantiate claims of duty evasion and clandestine activities in excise matters.