1993 (4) TMI 167 - AT - Central Excise

Issues Involved:
1. Authenticity of test reports.
2. Time frame for raising demands.
3. Delay in adjudication proceedings.
4. Proof of manufacture and removal of disputed yarn.
5. Technical feasibility of producing different denier yarn.
6. Compliance with procedural guidelines for sampling.
7. Adequacy of personal hearing and speaking orders.
8. Time-barred demands.

Detailed Analysis:

1. Authenticity of Test Reports:
The appellants contested the test results, arguing that such a significant variation in denier (from 120D to 75D) was not theoretically or practically possible. They requested a retest, which was denied by the Assistant Collector. The Tribunal found that the lower authorities failed to provide reasoning for rejecting the appellants' plea and did not seize the spinnerette to substantiate their point. The Tribunal accepted the appellants' contention, citing that the varying test results necessitated a retest, as supported by the case law of Ramalingam Choodambikai Mills.

2. Time Frame for Raising Demands:
In E.A. 2969/91, the demand was raised from 28-8-1978 to 27-9-1978, and in E.A. 4228/91, from 29-3-1979 to 27-4-1979. The Tribunal held that the demands should be confined to the particular lot from which the sample was drawn, as per the rulings in Madhu Woollen Spinning Mills and Standard Woollen Mills.

3. Delay in Adjudication Proceedings:
The Tribunal noted significant delays in adjudication: 9 years in E.A. 2969/91, 11 years in E.A. 4228/91, and 18 years in E.A. 5059/91. It cited rulings in Bhagwan Das Tolani and M/s. Girwar, which held that such delays were unacceptable and justified setting aside the demands.

4. Proof of Manufacture and Removal of Disputed Yarn:
The appellants argued that there was no conclusive proof of the manufacture, stocking, sale, or removal of the disputed yarn. The Tribunal found that the Department failed to provide substantial evidence to prove their charge and noted the possibility of sample mix-up, thus giving the benefit of doubt to the appellants.

5. Technical Feasibility of Producing Different Denier Yarn:
The appellants contended that producing 75D or 106D yarn from a spinnerette meant for 120D was technically impossible and more expensive. The Tribunal found no evidence from the Department to contradict this claim, further supporting the appellants' argument.

6. Compliance with Procedural Guidelines for Sampling:
The appellants claimed that the Board's directions regarding sampling were not followed. The Tribunal did not find any evidence to the contrary from the Department, thus accepting the appellants' plea.

7. Adequacy of Personal Hearing and Speaking Orders:
The Tribunal noted that personal hearings were denied in E.A. 2969/91 and E.A. 4228/91, and the order in E.A. 2969/91 was non-speaking. It emphasized the importance of personal hearings and detailed orders, thus finding in favor of the appellants.

8. Time-Barred Demands:
In E.A. 4228/91, the show cause notice was issued on 10-9-1980 for samples drawn on 29-3-1979. The Tribunal held that the demand was time-barred, citing that the Department was aware of the test results on 12-6-1979, making the show cause notice issued after 18 months unsustainable.

Conclusion:
The Tribunal allowed all the appeals, setting aside the impugned orders due to the lack of substantial evidence, procedural lapses, and significant delays in adjudication. The demands were found to be time-barred and unsupported by conclusive proof, leading to a favorable decision for the appellants.

← Previous Next →