2008 (6) TMI 216 - HC - Central Excise

Summary

Issues involved: Clandestine removal of goods without payment of duty, confirmation of duty and penalty, cancellation of demand by Tribunal, consideration of evidence by Tribunal, burden of proof on respondent-assessee, failure to explain transactions, dissatisfactory Tribunal order.

Summary:

The High Court of Kerala at Ernakulam heard the case involving the appellant and the respondent regarding the clandestine removal of goods without payment of duty. The department conducted a search in the business premises and residence of the respondent, seizing documents and collecting evidence from the Bank. The Adjudicating Authority confirmed duty and penalty, which was upheld by the first appellate authority. However, the Tribunal cancelled the demand, leading the Revenue to file an appeal against this decision.

Upon reviewing the Tribunal's order and the lower authorities' decisions, the High Court found that the Tribunal had only considered the grounds of appeal raised by the respondent. The Tribunal failed to acknowledge the evidence presented by the department, such as statements from employees, admissions by the proprietrix, and banking transactions. The Court noted that when prima facie evidence is established, it is the respondent's responsibility to explain the transactions. The Tribunal's disregard for key evidence and failure to draw reasonable inferences were highlighted.

The Court refrained from making factual findings based on the evidence collected during the search and enquiry. The appellant's counsel argued that the adjudication for one unit does not prevent action against another unit, as the facts differed. Due to dissatisfaction with the Tribunal's order, the Court set it aside and directed the Tribunal to rehear the matter, considering the materials gathered by the department. The Tribunal was instructed to issue fresh orders within four months, emphasizing the importance of timely compliance with the judgment.