2001 (7) TMI 151 - HC - Central Excise

Summary

Issues:
Petitions under Section 35G(3) of the Central Excise Act, 1944 regarding the consumption of units for steel ingots production.

Analysis:

1. Background and Surveillance: The case involved allegations of suppression of production and clandestine removal of steel ingots by the petitioners. Surveillance revealed discrepancies in the transportation and clearance of steel ingots, leading to a show cause notice being issued in April 1991 for confiscation of ingots, the truck, and imposition of Central Excise Duty. Directors were also called upon to explain potential penalties.

2. Legal Proceedings: The Commissioner's order in December 1992 was challenged before the Tribunal, which remanded the matter for further consideration. Subsequent orders by the Commissioner and the Tribunal were challenged, leading to the filing of petitions under Section 35G(3) for reference to the High Court.

3. Contentions and Evidence: The petitioners argued that the Tribunal erred in dismissing the appeal, emphasizing discrepancies in the evidence and the consumption of electricity for ingot production. The Tribunal's findings were based on oral and documentary evidence, including statements from employees, production records, and electricity consumption data.

4. Tribunal's Findings: The Tribunal concluded that the goods were being clandestinely removed, with a focus on the dispute over electricity consumption for production. It considered reports from equipment manufacturers, monthly production records, and other relevant data to determine the production by the petitioner-company.

5. Dispute Over Electricity Consumption: The petitioners contested the Tribunal's findings on electricity consumption, arguing that a report for a single month could not accurately reflect production over a longer period. However, the Tribunal considered various records, including rough pads, sales tax records, and octroi receipts, to support its findings.

6. Court Decision: The High Court upheld the Tribunal's order, rejecting the petitioners' arguments regarding electricity consumption and the age-related efficacy of equipment. It found no legal basis for interference, concluding that the Tribunal's decision was lawful and did not warrant further review.

7. Final Verdict: The petitions were dismissed, with the High Court determining that no question of law arose for its opinion, thereby affirming the Tribunal's decision in the matter.