2010 (8) TMI 115 - HC - Central Excise

Clearance of excisable goods- there was a huge difference of figures of removal of excisable goods between monthly RT-12 returns and balance sheet of the assessee. Assuming Clandestine removal of goods the department imposed duty and penalty. The tribunal ordered against the department stating that the balance sheet could not be taken as a sacrosanct documents for proving the allegations of clandestine production and removal of the goods. Court confirmed the department s stand stating that the tribunal had not considered every fact and reasoning given by the department and it involves a substantial question of law.

Summary

Issues:
Allegation of clandestine removal based on discrepancies between balance sheet and excise records.
Invocation of extended period for payment of duty due to discrepancies in balance sheet.
Proper approach by the Tribunal in dealing with the matter.

Analysis:
1. Allegation of Clandestine Removal: The case involved an appeal by the revenue under the Central Excise Act against an order passed by the Customs, Excise and Service Tax Appellate Tribunal. The respondent, engaged in manufacturing medicines, faced allegations of clandestine removal due to significant discrepancies between the production figures in the monthly returns and the balance sheet. The adjudicating authority raised a demand for duty payment and imposed penalties based on the findings of discrepancies, which the respondent contested by providing explanations for the differences. However, the original authority rejected the explanations, citing lack of corroborative evidence and inconsistencies in production costs. The Tribunal, on appeal, set aside the duty demand for certain years, noting that there was no concrete evidence of clandestine removal or evasion of duty, as no unaccounted goods were detected or seized from the factory.

2. Invocation of Extended Period for Payment of Duty: The issue of invoking the extended period for payment of duty arose due to the discrepancies in the balance sheet and excise records. The respondent argued that the discrepancies were due to calculation errors in converting production figures, leading to the differences. The Tribunal, while acknowledging the discrepancies, emphasized the lack of evidence supporting the allegations of clandestine removal or evasion of duty. It highlighted the absence of proof of unaccounted goods or purchases without duty payment from the market, which undermined the revenue's claims of wrongdoing by the respondent.

3. Proper Approach by the Tribunal: The revenue contended that the Tribunal erred in its approach by not adequately considering the discrepancies and the reasons provided by the adjudicating authority for rejecting the respondent's explanations. The Tribunal's decision was challenged on the grounds that it did not address all the facts and circumstances presented, failing to analyze the lower authority's findings comprehensively. The High Court, in its analysis, emphasized the importance of the Tribunal dealing with all issues and reasons given by the lower authority while exercising its appellate functions. It cited a Supreme Court precedent to underscore the need for a thorough examination of evidence and findings when reversing a lower court's decision.

In conclusion, the High Court set aside the Tribunal's order and remanded the matter for a fresh decision, emphasizing the need for a proper consideration of all relevant factors and reasons provided by the adjudicating authority. The Court highlighted the significance of addressing discrepancies and ensuring a comprehensive analysis of evidence to determine the presence of clandestine removal and duty evasion.