2017 (9) TMI 1118 - AT - Central Excise

Clandestine removal of goods - evidences - Held that - the kachha parchies recovered from Sh. Maurya are not reliable evidence produced by the Revenue. Therefore, the demand against the appellant on account of clandestine removal of goods is not sustainable in the absence of any corroborative evidence to support in the absence of excess production, excess receipt of raw material, production capacity and transportation of goods - appeal allowed - decided in favor of appellant.

Summary

Issues:
Allegation of clandestine removal of goods without payment of duty based on recovered documents and statements, admissibility of evidence, reliability of kachha parchies, cross-examination of witnesses, confirmation of demand of duty and interest, challenge before Tribunal, remand by Tribunal, sustainability of demand without corroborative evidence.

Analysis:
The appellant appealed against an order alleging involvement in clandestine removal of goods without duty payment. The case involved searches at the appellant's premises due to suspicions of engaging in clandestine clearance of excisable goods. The appellant, a PVC compound manufacturer, was found without proper stock account registers during the investigation, leading to detention of raw materials and finished goods. Statements revealed the appellant's association with M/s Elite Cable Industries and M/s Dinesh Industries, raising allegations of clandestine manufacturing and clearance without duty payment. A show cause notice was issued, resulting in the confirmation of duty and interest demand, which was challenged before the Tribunal. The Tribunal remanded the matter to the adjudicating authority for further review.

The appellant's counsel argued that the allegation of clandestine removal was solely based on statements and records, with one witness retracting his statement during cross-examination, questioning the admissibility of documents recovered from him. On the contrary, the Revenue reiterated the findings of the impugned order, emphasizing the evidence presented.

In the judgment, it was noted that the demand against the appellant relied on kachha parchies recovered from a witness, who later denied the entries related to the appellant's clearances. The witness clarified that the parchies pertained to freight charges, not goods of M/s Dinesh Industries. The witness also retracted his statement, casting doubt on the reliability of the evidence. The absence of corroborative evidence regarding excess production, raw material receipt, production capacity, and goods transportation further weakened the case against the appellant. Consequently, the Tribunal found the evidence insufficient to sustain the demand for clandestine removal of goods without duty payment, leading to the setting aside of the impugned order and allowing the appeal.

In conclusion, the Tribunal ruled in favor of the appellant, setting aside the impugned order due to lack of reliable evidence supporting the allegations of clandestine removal of goods without payment of duty. The judgment emphasized the importance of corroborative evidence and witness reliability in establishing such claims, ultimately leading to the allowance of the appeal on 31.08.2017.