2006 (2) TMI 33 - AT - Central Excise

Central Excise Clandestine removal Evidence Documentary evidence to prove clandestine removal may not be direct and revenue is bound to produce collaborative evidence and every link therein require to be proved

Summary

Issues:
- Allegation of under-valuation of goods
- Lack of evidence on receiving extra money by cash
- Classification of goods as spent solvents
- Validity of statements given by buyers
- Requirement of collaborative evidence for clandestine removal

Analysis:
The appeals arose from an Order-in-Appeal setting aside demands for under-valuation of goods cleared in invoices by collecting additional amounts in cash. The Commissioner (A) found lack of evidence on the charge of receiving extra money by cash. The classification of goods as spent solvents was crucial. The Commissioner upheld the findings that the subject goods were chargeable to duty as spent solvents based on market perception and usage in specific industries. The lack of specific purity in the cleared spent solvent consignments was highlighted, emphasizing the market parlance over technical opinion. The validity of statements by buyers was contested by DRL, but the absence of material evidence supporting the additional payments led to the rejection of the demand for excess amounts paid by buyers.

Regarding clandestine removal allegations, the Revenue failed to produce collaborative evidence to prove the same. The Commissioner (A) analyzed the facts and concluded that the order was legal and proper due to the lack of evidence. The requirement for every link in collaborative evidence to be proven was emphasized, and the appeals were rejected based on the absence of merit. The judgment highlighted the necessity of concrete evidence to substantiate allegations of under-valuation, clandestine removal, and receipt of funds in cash. The legal principles of evidence, market perception, and duty liability were central to the decision, emphasizing the importance of factual support in such cases.