1998 (7) TMI 343 - AT - Central Excise

Remand when findings based on inferences and presumptions without looking into evidence on record

Summary

Issues:
1. Refund claims rejection based on the contract terms and metal account maintenance.
2. Appellate authority's decision in favor of the respondents.
3. Appeal by revenue challenging the appellate authority's decision.
4. Examination of evidence regarding the use of old and used metal in manufacturing.

Analysis:
1. The issue arose when the Assistant Collector rejected the refund claims of the respondents, manufacturers of Platinum/rhodium stainless gauzes, citing the terms of the contract with their customer, which implied the use of "pure virgin" metal. The Assistant Collector held that the respondents did not demonstrate the use of old and used platinum/rhodium as claimed, based on their metal account maintenance lacking a clear distinction between pure and virgin metal.

2. The lower appellate authority overturned the Assistant Collector's decision, emphasizing that the contract terms did not mandate the use of only pure virgin metal. The authority acknowledged the respondents' evidence of not purchasing virgin metal from the sole source, MMTC, during the relevant period. Consequently, the authority allowed the appeals, concluding that the gauzes were indeed manufactured from old and used metal, granting relief to the appellants.

3. The revenue filed an appeal challenging the appellate authority's decision. Upon hearing both sides, the crux of the issue was whether the appellants indeed utilized old and used metal in manufacturing the gauzes. The Tribunal noted that the evidence provided by the respondents regarding the purchase of old and used platinum/rhodium was not considered by the authorities below, who based their findings on other materials and presumptions.

4. The Tribunal observed that a proper examination of the evidence regarding the purchase accounts and bills of raw materials by the respondents was crucial to determine the use of virgin metal. As such, the matter was deemed fit for remand for a fresh adjudication by the Assistant Collector. The Tribunal set aside the previous order and directed a reevaluation of the evidence to ascertain whether the respondents utilized virgin metal, emphasizing the necessity of a factual finding based on the records. The appeal was allowed for remand in these terms, ensuring a thorough review of the evidence presented.