2017 (4) TMI 1165 - AT - Central Excise

Clandestine removal - MS ingots - sponge iron - power consumption in the factory has been varying throughout the period - incriminating documents and evidences available in the form of loose slips - Held that - sales invoices in respect of 346.100 MT of sponge iron and 268.320 MT of MS ingot had not been issued by the assessee. The details of the transportation of such goods were recorded in the books of Noticee No. 2, M/s Purwanchal Road Carriers, i.e. of the goods which had been removed by the assessee from their factory without payment of duty and without the cover of a Central Excise invoice - The documents which were submitted before the lower authority, not examined as alleged by the ld. Counsel for the appellants. Hence, the matter is remanded to original adjudicating authority, who shall examine all the evidence on record. Penalty - Held that - As the main demand of ₹ 5,35,10,728/- is being remanded, the penalty against them are hereby set aside and their matters are remanded back to the original adjudicating authority for fresh examination. Appeal allowed by way of remand.

Summary

Issues:
1. Confirmation of Central Excise duties against the appellant.
2. Imposition of penalties on the appellant and other individuals.
3. Appeal against the penalties imposed.

Analysis:

Issue 1: Confirmation of Central Excise duties
The appellant, M/s Ghankun Steels Pvt. Ltd., was engaged in manufacturing sponge iron and MS ingots. Following a search in their premises, a show cause notice was issued raising a demand of &8377; 5,44,15,015/-. The demand included alleged clearance of sponge iron without duty payment and clandestine removal of MS ingots. The impugned order confirmed the duty demand along with penalties. The appellant challenged this before the Tribunal, arguing that the basis for determining the duty demand was arbitrary and hypothetical. They highlighted factors affecting power consumption and expansion of production facilities as reasons for the increased electricity usage. The Tribunal found the evidence of clandestine removal of sponge iron supported by incriminating documents and confessional statements, sustaining the demand of &8377; 9,04,277/-. However, regarding the demand of &8377; 5,35,10,738/-, the Tribunal remanded the matter to the adjudicating authority for a thorough examination of the evidence.

Issue 2: Imposition of penalties
Apart from the duty demands, penalties were imposed on the appellant and other individuals. The penalties on Shri Narayan Gupta, M/s Shree Ram Rolling Mill, and M/s Shri Hanuman Loha Pvt. Ltd. were challenged in the appeals. The Tribunal set aside the penalties against them and remanded the matters back to the original adjudicating authority for fresh examination. The Tribunal emphasized the need for a fresh opportunity of personal hearing for the appellants before any decision on penalties is made.

Issue 3: Appeal against the penalties imposed
The penalties imposed on the appellants were a subject of appeal. The Tribunal, while remanding the main duty demand issue, set aside the penalties against the appellants and directed a re-examination by the adjudicating authority. Fresh opportunities for personal hearings were mandated to ensure a fair decision-making process. Consequently, the impugned order was modified, and the appeals were partly allowed in the specified terms.

This judgment underscores the importance of a thorough examination of evidence and fair adjudication in matters of duty demands and penalties in Central Excise cases, ensuring due process and procedural fairness for all parties involved.