2019 (1) TMI 907 - AT - Central Excise

Clandestine removal - 448.025 M.T. of steel ingots - suppression of production of iron and steel ingots which was calculated on the basis of average electricity consumption in the process of manufacture - Held that - The confirmed demand in this case is fully based upon the entries which were found made in the record of M/s Mono Steels, who is a commission agent for the sale and purchase of the iron ingots - Since, no findings have been given in the order-in-original about clandestine manufacture, clearance and further sale of same in this case and the entire demand is solely based on the record of a third party and statement of certain persons who have not been cross-examined. The demand on the appellant and the penalty on the appellant is not sustainable - appeal allowed - decided in favor of appellant.

Summary

Issues: Alleged clandestine clearance of steel ingots, demand of central excise duty, penalty imposition, reliance on third-party records, sufficiency of evidence for duty evasion.

Analysis:

The case involved the appellant, engaged in manufacturing MS Ingots and re-rolled products, facing allegations of clandestinely clearing steel ingots without paying central excise duty. The excise officers seized documents from M/s Mono Steels, a commission agent, indicating the alleged evasion of duty amounting to ?14,81,049. A show cause notice demanding ?7,22,83,875 under Section 11A of the Central Excise Act was issued, including penalties under Section 11AC. The order-in-original confirmed a demand of ?14,81,049, imposed penalties, and dropped the remaining demand based on electricity consumption criteria.

The Tribunal noted that the confirmed demand was solely based on entries from M/s Mono Steels' records, a third party. Citing precedents, the Tribunal emphasized the need for establishing clandestine activities beyond doubt for duty evasion. As the order lacked findings on clandestine activities and relied on uncorroborated statements, the demand and penalties were deemed unsustainable. Referring to a similar case, the Tribunal set aside the order-in-original, holding it lacked merit, and allowed the appeals.

In conclusion, the Tribunal found the reliance on third-party records insufficient to establish duty evasion conclusively. The lack of direct evidence linking the appellant to clandestine activities led to the dismissal of the demand and penalties imposed. The judgment underscored the necessity of tangible evidence to support allegations of duty evasion, emphasizing the seriousness of such charges and the requirement for robust proof to sustain them.