2002 (11) TMI 175 - AT - Central Excise

Summary

Issues involved: Revenue appeal against dropping part of the proceedings based on entries in the parcel note book.

Summary:
1. The Commissioner dropped part of the proceedings as it was not conclusively proved that entries in the parcel note book show actual quantities of goods manufactured. Lack of evidence regarding excess raw material procurement, additional manpower, and actual transport of goods led to dropping the demand related to clearances noted in the parcel note book.

2. Revenue challenged this decision, arguing that the entries in the parcel note book reflected actual despatches made by the respondents, including unaccounted removals. The Revenue contended that the demands raised based on the parcel note book entries should be confirmed.

3. The Revenue's appeal was heard, with the Departmental Representative emphasizing the corroboration of details in the parcel note book to support the charge of clandestine removal.

4. On the other hand, the Counsel for the respondent pointed out discrepancies in the examination of customers and highlighted that entries in private note books alone cannot be considered conclusive proof of clandestine activities, citing relevant case law.

5. The Tribunal considered the submissions and emphasized the need for the Revenue to prove clandestine removal with sufficient corroborative evidence. The Commissioner's decision to drop the proceedings due to lack of concrete evidence supporting the charge of clandestine removal was upheld. The Tribunal found that the Revenue had not produced enough evidence regarding the manufacture and clearance of goods clandestinely.

6. The Tribunal concluded that the Commissioner's order was just and proper, as there was a lack of concrete evidence to support the charge of clandestine removal. The appeal was rejected based on the lack of merit and the findings of the Commissioner.