2016 (9) TMI 977 - AT - Central Excise

Demand and imposition of penalty - appellant admitted the duty liability wherever extra considerations were received from the buyers over and above the invoice amount - demand raised on the basis of value of moulds arrived at based on statements given by other such manufacturers - denial of cross-examination and lack of other corroborative evidence to support the demand - Held that - on collection of details by way of various corroborative evidence and admissions by the proprietor of the appellant firm, the conclusion was arrived that the value of footwear moulds shown in the bills is not correct transaction value and the appellant mis-declared the same to evade payment of Central Excise duty. Regarding correct valuation of the impugned goods based on evidences collected and the appellant s own admission, the calculation was concluded. Though, admittedly the appellant is free to dispute and challenge the duty payment afresh in the appeal proceedings before us it will be worthwhile to note that before another statutory authority, the Settlement Commission, the full duty liability has been accepted by the appellant. Therefore, the present appeal is to be decided only on material evidence available on record and not based on the application before the Settlement Commission. Therefore, the Revenue is able to establish with overwhelming evidence the evasion of duty by the appellant. hence, the appellant could not make out a convincing case to interfere with the order of the lower Authority. - Decided against the appellant

Summary

Issues:
- Central Excise duty demand and penalty imposition on the appellant for misdeclaration of value of goods.
- Legal sustainability of the demand based on value of moulds from other manufacturers.
- Denial of cross-examination and lack of corroborative evidence.
- Admittance of duty liability by the appellant in certain cases.
- Dispute over duty liability avoidance through technical issues.
- Appellant's admission of duty liability before the Settlement Commission.
- Evasion of duty established by the Revenue with overwhelming evidence.
- Rejection of the settlement application by the Settlement Commission.
- Failure of the appellant to present a convincing case to challenge the lower Authority's order.

Analysis:
The appeal in this case was against the order of the Commissioner (Appeals) confirming a Central Excise duty demand and penalty imposition on the appellant for misdeclaration of the value of goods used in the manufacture of footwear. The appellant admitted duty liability in cases where extra considerations were received, but contested the demand based on the value of moulds derived from other manufacturers' statements. The appellant raised concerns regarding denial of cross-examination and lack of corroborative evidence supporting the demand, emphasizing the need for legal sustainability.

The Revenue contended that the appellant had been clearing goods without indicating the correct value, admitting duty liability only when additional considerations were proven with buyer-side evidence. The Revenue highlighted the appellant's tendency to raise technical issues to avoid duty liability, noting the appellant's admission of duty liability before the Settlement Commission, which rejected their settlement application due to non-fulfillment of conditions. The Revenue argued that the appellant's admitted liability was not disputed.

Upon examination of the appeal records and evidence, it was found that the appellant's proprietor admitted to incorrect invoice pricing and sales exceeding the exemption limit. The investigations revealed discrepancies in raw material purchases and cash sales, indicating undervaluation of goods to evade duty payment. Despite the appellant's right to dispute duty payment, the overwhelming evidence presented by the Revenue established duty evasion. The First Appellate Authority also noted the appellant's voluntary disclosure of duty liability before the Settlement Commission, further supporting the Revenue's case.

After a thorough analysis of the evidence and case facts, it was concluded that the appellant failed to present a convincing case to challenge the lower Authority's order. Consequently, the appeal was rejected, affirming the Central Excise duty demand and penalty imposition on the appellant.