2004 (12) TMI 188 - AT - Central Excise

Summary

Issues:
The judgment involves the issue of clandestine removal of goods based on delivery challans and commercial invoices, reliance on private diaries, contradictory statements, and the admissibility of private records as evidence.

Clandestine Removal of Goods:
The appeal stemmed from confirming demands related to alleged clandestine removal of goods manufactured and cleared using delivery challans and commercial invoices. The appellants argued that these documents were fabricated solely to secure higher bank loans, with no actual purchase of inputs or manufacture of goods. The Tribunal found that the Revenue failed to provide evidence of actual manufacturing or financial transactions, and the absence of corroborative evidence from purchasers led to the demands being set aside.

Reliance on Private Diaries:
The appellants contended that private diaries should not be considered as conclusive evidence for confirming demands, citing various judgments where reliance on private accounts without corroborative evidence was rejected. The Tribunal agreed that private diaries alone cannot establish clandestine removal, especially when discrepancies and contradictions exist in the statements of involved parties.

Contradictory Statements and Lack of Corroborative Evidence:
The Tribunal noted contradictions in the statements of the Assistant Manager and the absence of corroborative evidence from purchasers or financial transactions. The authorities did not adequately consider the appellants' explanations, leading to the demands being set aside due to the lack of substantial evidence supporting the allegations.

Conclusion:
Considering the absence of corroborative evidence and the appellants' explanation regarding the purpose of the fabricated documents, the Tribunal set aside the demands raised in the show cause notice. Relying on previous judgments with similar facts, the impugned order was overturned, and the appeal was allowed.