2002 (9) TMI 166 - AT - Central Excise

Summary

Issues involved: Alleged clandestine removal of goods without payment of duty, challenge to show cause notice, confirmation of duty demand, imposition of penalty.

Summary:
The appellants, a firm and its partner, were accused of clandestine removal of goods without paying duty. The central excise officers seized documents revealing the evasion. The Commissioner confirmed a duty demand of Rs. 11,50,342 and imposed penalties. The appellants contested the notice, denying the allegations. The Tribunal found that the entries in the seized diaries were vague and lacked detail. Without corroboration, the allegations could not be substantiated. Previous cases emphasized the need for independent evidence to prove clandestine activities. The Tribunal concluded that the entries in the diaries did not establish clandestine production and removal of goods. The statement of the firm's manager was not admissible as he was not cross-examined. The allegation of using duplicate invoices was not supported by tangible evidence. The Tribunal set aside the Commissioner's order, accepting the appeals of the appellants.

In conclusion, the Tribunal found that the allegations of clandestine removal of goods by the appellants were not proven beyond doubt. The impugned order of the Commissioner was set aside, and both appeals of the appellants were accepted with consequential relief.