2001 (9) TMI 362 - Commission - Central Excise

Issues Involved:
1. Alleged evasion of Central Excise duty by clandestine removal of excisable goods.
2. Misdeclaration of goods leading to undervaluation and duty evasion.
3. Misuse of facilities under Rule 57(F)(3) of Central Excise Rules by forging documents.

Detailed Analysis:

1. Alleged Evasion of Central Excise Duty by Clandestine Removal of Excisable Goods:
The Applicants, engaged in the manufacture of PVC Battery Separators, were investigated by the Central Excise officers, leading to a Show Cause Notice (SCN) alleging evasion of Central Excise duty amounting to Rs. 19.81 lakhs. The Applicants admitted to a duty liability of Rs. 10,01,380/- for the first charge of clandestine removal but did not accept any further duty liability for the second and third charges. The Settlement Commission directed the Applicants to pay the admitted amount within 30 days and appropriated Rs. 4 lakhs already deposited towards this liability, allowing the balance to be paid in installments due to financial hardships. However, the Applicants failed to pay the balance amount and did not provide sufficient evidence to support their claims against the remaining duty liability.

2. Misdeclaration of Goods Leading to Undervaluation and Duty Evasion:
The SCN alleged that the Applicants cleared excisable goods of higher specifications by misdeclaring them as lower specifications, thereby undervaluing the goods and evading duty to the extent of Rs. 8.5 lakhs. The Applicants contended that they cleared glass mats, not PVC Battery Separators, and paid duty at a lower value. The Commission noted discrepancies in the Applicants' submissions and emphasized that the duty liability was based on the Applicants' own records, which included truck numbers, consignee details, and factory hand-written challans. The Commission found the Applicants' explanations unconvincing and directed them to provide comparative statements and supporting documents, which they failed to do adequately.

3. Misuse of Facilities Under Rule 57(F)(3) of Central Excise Rules by Forging Documents:
The SCN also alleged that the Applicants misused the facilities under Rule 57(F)(3) by forging documents and not following the proper procedure, thereby evading duty to the extent of Rs. 6.15 lakhs. The Applicants did not provide a satisfactory explanation for these allegations, and the Commission noted that the Applicants did not follow the proper procedure for job work under Rule 57(F). The Applicants' submissions focused more on rebutting the SCN allegations rather than providing a full and true disclosure of their duty liability.

Commission's Observations and Final Order:
The Commission observed that the Applicants had not cooperated with the proceedings and had not made a full and true disclosure of their duty liability. Despite several opportunities, the Applicants failed to provide convincing evidence or explanations for the allegations. The Commission emphasized that the Settlement Commission is not a forum for re-adjudicating cases but for applicants to make a true confession and settle their liabilities. Given the lack of cooperation and full disclosure, the Commission decided to send the case back to the Jurisdictional Central Excise Officer under Section 32L of the Central Excise Act, 1944, for disposal in accordance with the provisions of the Act. The Central Excise Officer was entitled to use all materials and information produced before the Settlement Commission in the course of the proceedings.

Conclusion:
The Settlement Commission concluded that the Applicants did not fulfill the requirements of making a full and true disclosure of their duty liability and did not cooperate with the proceedings. Consequently, the case was referred back to the Jurisdictional Central Excise Officer for further action as per the Central Excise Act.

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