2007 (9) TMI 198 - AT - Central Excise

On the basis of recovery of one letter dated 5-8-99 sent by Metal Masters duty demand and penalty thereon have been confirmed - clearance without payment of duty - letter has not been fully examined - letter refers to sending of inputs as noted therein i.e. the quantity of Copper Pipes and Tubes for the straightening purpose - activity of straightening does not result any manufacture, hence no duty is liable to be paid thereon - no other evidence to corroborate the charges - demand set aside

Summary

Issues:
Confirmation of duty based on a letter dated 5-8-99 sent by Metal Masters for goods received for straightening purpose without payment of duty.

Analysis:
The appeal arose from an Order-in-Original where the Commissioner dropped a major demand but confirmed duty demand of Rs. 65,992/- and penalty based on a letter sent by Metal Masters. The letter referred to goods received for straightening purpose, contended by the appellant to not result in manufacture, hence no duty should apply. The Commissioner noted lack of proof that the goods were purchased elsewhere and concluded they were cleared without duty payment.

The appellant argued that the entire document should be examined if the letter is relied upon for duty confirmation. They claimed straightening does not constitute manufacture and no proper evidence was presented to confirm duty. The Department emphasized the need for proper invoices and documents, suggesting the goods were not cleared as claimed by the appellant.

Upon review, the Tribunal found the duty confirmation based on the Metal Masters' letter to be incorrect. The letter referred to goods received for straightening, not manufacture by the appellant. Lack of examination of Metal Masters' proprietor and corroborative evidence led to the conclusion being based on assumption. The Tribunal set aside the impugned order, allowing the appeal with any consequential relief.

In conclusion, the Tribunal found the duty confirmation lacking proper evidence and examination, highlighting the need for thorough scrutiny of documents and activities to confirm duty liabilities accurately.