2000 (8) TMI 212 - AT - Central Excise

Summary

Issues Involved: Allegation of clandestine removal of goods, imposition of duty and penalty, confiscation of goods, justification of dropping proceedings by Commissioner, evidentiary support for written submissions, imposition of penalty without corroborative evidence.

Allegation of Clandestine Removal:
The case involved a show cause notice against M/s. Tube Bend (Cal) Pvt. Ltd. for alleged clandestine removal of pipes and pipe fittings. The Revenue claimed that the private register 'khatta' showed excess production figures compared to official records. The respondents argued that their internal quality control process led to reworking of goods, resulting in inflated production figures. The Commissioner accepted the respondents' explanation, finding no evidence of clandestine removal and dropped the proceedings.

Justification for Dropping Proceedings:
The Revenue appealed the Commissioner's decision, questioning the lack of supporting evidence for dropping the proceedings solely based on the written submissions of the assessee. The Tribunal considered the arguments from both sides and upheld the Commissioner's order, noting the absence of concrete evidence to prove clandestine activities.

Evidentiary Support and Imposition of Penalty:
The Tribunal analyzed the detailed accountal system presented by the respondents, emphasizing their quality control procedures and third-party inspections. The respondents' explanation regarding the production process, reworking of goods, and marketability criteria was deemed plausible. The Tribunal agreed with the Commissioner's findings that the private records did not reflect actual production and that the Revenue failed to provide evidence of clandestine activities. Consequently, the Tribunal rejected the Revenue's appeal, affirming the release of goods and dismissing the imposition of penalties.

Confiscation of Goods:
The Tribunal also ruled against the confiscation of goods still within the factory premises, noting that they were unfinished and not prepared for market release. The lack of evidence indicating readiness for removal supported the decision to release the goods. Overall, the Tribunal found no merit in the Revenue's appeal and upheld the Commissioner's order.