2017 (12) TMI 1291 - AT - Central Excise

Clandestine removal - 340.790 MTs of sponge iron - Held that - the duty demand confirmed against other parties namely, Raipur Forging Pvt. Ltd. and Shubh Labh Ispat Pvt. Ltd. were dropped by the Tribunal, holding that the department has not brought out any evidence in support of clandestine removal of goods by those manufacturers - contrary stand cannot be taken at this juncture, especially in view of the fact that the department has not properly investigated into the matter for confirmation of the adjudged demand against the present appellant - appeal allowed - decided in favor of appellant.

Summary

Issues: Alleged clandestine removal of goods without payment of Central Excise duty based on third party records and employee statements.

Analysis:
1. The case involved a search and enquiry by DGCEI based on intelligence regarding activities of a company. The officers found details of clearances of sponge iron suspected to be without payment of duty and without issuing Central Excise invoices. The appellant was alleged to have used the iron for manufacturing products removed clandestinely without accounting for it or paying the duty leviable.

2. The appellant argued that the department's case was solely based on third party records and statements from employees, lacking corroborative evidence on transportation, sale of goods, and financial transactions. The appellant contended that no investigation was conducted at their unit to verify the alleged clandestine removal. Reference was made to a Tribunal decision highlighting the importance of proper substantiation in cases of clandestine removal.

3. The respondent reiterated the findings in the impugned order, supporting the duty demand and penalties imposed by the department.

4. The Tribunal considered both sides and reviewed the case records.

5. The Tribunal noted that the department linked the appellant to other manufacturers based on third party evidence and employee statements, without conducting further investigation beyond recording statements. It was observed that the department failed to substantiate its allegations against the appellant, especially considering that similar duty demands against other parties were dropped by the Tribunal due to lack of evidence of clandestine removal. The Tribunal emphasized the importance of proper investigation before confirming duty demands.

6. Consequently, the Tribunal found no merit in the impugned order and allowed the appeal in favor of the appellant, setting aside the decision and ruling in their favor.

This detailed analysis of the judgment highlights the key issues, arguments presented by both parties, the Tribunal's evaluation of the evidence, and the ultimate decision in favor of the appellant based on the lack of substantiated evidence of clandestine removal of goods without payment of Central Excise duty.