2005 (2) TMI 205 - AT - Central Excise

Summary

Issues:
Challenging correctness of OIA No. 187/2002-C.E., duty demand based on lorry driver's statement, irregular Modvat credit availed, penalty confirmation.

Analysis:
The appellant challenged the correctness of OIA No. 187/2002-C.E., dated 10-4-2002, concerning the import of steel scrap under Notification No. 83/1990-Cus. The Divisional Preventive Unit intercepted a lorry carrying steel melting scrap destined for a specific company. The driver's statement indicated previous clandestine clearances, leading to a duty demand for alleged removal of scrap. The appellant reversed the Modvat credit on the seized goods. However, the sole basis for the duty demand was the driver's statement, lacking corroborative evidence from other sources. The appellant contended that confirmation of demand solely on the driver's statement was unsustainable. The penalty for irregular Modvat credit was also disputed, with the appellant arguing it should not exceed Rs. 10,000.

Upon careful consideration, the Tribunal noted that while the appellant settled the matter and reversed the Modvat credit, the Revenue relied solely on the driver's statement for the duty demand. No further investigation or corroboration was conducted by the Revenue regarding the alleged clearances. The Tribunal found the driver's statement vague and lacking essential details to support the claim. As there was no admission from the appellant regarding clandestine clearances, the benefit of doubt was given to the appellant, leading to setting aside the duty demand based on the driver's statement. However, the Tribunal upheld the penalty for irregular Modvat credit but reduced it to Rs. 1,000 considering the amount involved. The impugned order was modified to reflect the setting aside of duty confirmed based on the driver's statement and the reduction of the penalty. The appeal was allowed with consequential relief, if any, granted to the appellant.