1998 (11) TMI 256 - AT - Central Excise

Summary

Issues: Allegation of using power for manufacturing textiles without proper records maintenance, seizure of finished textiles, demand of duty, penalty, confiscation of property, redemption, and appeal against the order.

The case involved the appellants manufacturing cotton fabrics without the aid of power, leading to a dispute regarding the usage of power for mercerising textiles. The officers seized finished textiles assuming power usage based on circumstantial evidence, including the connection of an electric motor with the mercerising machine. The Director and other witnesses stated that power was only used for non-textile purposes, such as lifting water. The Collector issued a show cause notice demanding duty for past production, imposing a penalty, and confiscating property and textiles. The Collector's order confirmed a significant demand, penalty, and confiscations, prompting the appeal.

The Appellate Tribunal analyzed the evidence, emphasizing that the allegation of power usage was based solely on circumstantial evidence. The witnesses consistently maintained that the process was manual, and the motor was connected to free a jammed machine, not for textile production. The Tribunal found the department's evidence regarding the rusted chain and oiled chain inconclusive, noting that the motor's proximity to the machine did not definitively prove power usage. The Collector's observations on processed textiles and electricity consumption were deemed insufficient to support the case, with the Tribunal highlighting inconsistencies in electricity bills and the motor's capacity.

Additionally, the Tribunal scrutinized the Supreme Court judgments cited by both parties. The Collector's reference to a Customs Act section was deemed irrelevant, while the appellant's reliance on a case involving a similar situation supported their argument. Drawing parallels, the Tribunal concluded that the evidence presented by the department was speculative and did not conclusively establish power usage for manufacturing textiles. Consequently, the Tribunal held that the grounds for confirming the demand were insufficient, leading to the allowance of the appeal, setting aside the impugned order, and directing appropriate relief as warranted.