2016 (5) TMI 444 - HC - Central Excise

Clandestine removal of goods - Evasion of Central Excise duty - Held that - it is found that the goods removed from the Mohan Nagar factory was sent to three units of the appellant and the appellant had three other units have not been disputed. Therefore, it cannot be said that there was a case of clandestine removal of the goods. - Decided against the revenue

Summary

Issues:
1. Finding of the Tribunal regarding transfer of raw tobacco to three units at Delhi
2. Justification of the Appellate Tribunal's decision based on the evidence of raw tobacco transfer
3. Allegation of clandestine removal of goods and evasion of Central Excise duty
4. Validity of the impugned order of the Tribunal

Analysis:
1. The appellant raised substantial questions of law challenging the Tribunal's finding that raw tobacco received at a factory in Mohan Nagar, Ghaziabad was transferred to three units in Delhi. The High Court deemed these questions as based on findings of fact, not giving rise to any substantial legal issue.

2. The focus then shifted to whether the respondent engaged in clandestine removal of goods from the Mohan Nagar factory, evading Central Excise duty. The authorities had found that goods removed from the factory were sent to the appellant's three units, with no dispute over the existence of these units. Consequently, the court held that there was no case of clandestine removal of goods, leading to the dismissal of the appeals.

3. The High Court's decision was centered on the factual findings regarding the alleged transfer of raw tobacco and the absence of evidence supporting clandestine removal of goods. As no substantial legal issue arose from the facts presented, the court dismissed the appeals, emphasizing the lack of merit in the proposed questions of law.

4. The judgment highlighted the importance of factual determinations in assessing allegations of evasion and clandestine activities, ultimately underscoring the need for concrete evidence to substantiate legal claims in matters concerning excise duty and industrial operations. The dismissal of the appeals underscored the court's reliance on established facts and the absence of legal grounds for challenging the Tribunal's findings.