2002 (4) TMI 345 - Commission - Central Excise

Settlement Commission Ruling: Lack of Evidence, Duty Determination, and Immunity Granted

IN RE: AGGARWAL JARDA FACTORY (P) LTD.

The Settlement Commission found that the Revenue lacked corroborative evidence to support their case regarding alleged removal of finished products ... Settlement of case - Immunity from prosecution Issues Involved:1. Alleged removal of finished products without payment of Central Excise Duty.2. Dispute over the duty liability amount.3. Request for waiver of penalty, interest, and immunity from prosecution.4. Reliance on uncorroborated transporter documents and statements.5. Duplicate and cancelled entries in the Show Cause Notice.Detailed Analysis:1. Alleged Removal of Finished Products without Payment of Central Excise Duty:The Directorate General of Anti Evasion found that the company was removing finished products without documents and without paying Central Excise Duty. A Show Cause Notice was issued demanding a duty of Rs. 1,12,89,671.00 and proposing penalties under various rules and sections of the Central Excise Act, 1944.2. Dispute Over the Duty Liability Amount:The applicants admitted a duty liability of Rs. 81,23,921.00, having already deposited Rs. 65,00,000.00 with the Revenue. They disputed the remaining amount of Rs. 31,67,750.00, arguing that the Revenue's demand was based on transporter documents lacking material evidence such as the names of consignors or consignees and quantities.3. Request for Waiver of Penalty, Interest, and Immunity from Prosecution:The applicants requested the Settlement Commission to waive penalties, interest, and grant immunity from prosecution. They argued that they had made a true and complete disclosure of their duty liability and had cooperated fully with the proceedings.4. Reliance on Uncorroborated Transporter Documents and Statements:The Revenue's case relied heavily on the loading sheets recovered from M/s. Punjab Transport Co. and the statements of the transporter's partner, Shri Joginder Kumar, who claimed that the tobacco mentioned in the loading sheets belonged to the applicants. The applicants contended that these documents were uncorroborated and included goods from other parties, including 'Hukka Tobacco,' which they did not manufacture.5. Duplicate and Cancelled Entries in the Show Cause Notice:The Commissioner (Investigation) and the applicants pointed out that the Show Cause Notice included duplicate and cancelled entries, leading to an inflated duty demand. The Revenue admitted errors in 22 entries and accepted that a duty amount of Rs. 12,39,500.00 was not due, reducing the disputed liability to Rs. 19,26,000.00. The applicants further admitted a duty liability of Rs. 500.00 for one entry, leaving a balance-disputed liability of Rs. 19,25,500.00.Judgment:The Settlement Commission found that the Revenue did not have corroborative evidence such as Goods Receipts (GRs) to substantiate their case. The reliance on uncorroborated loading challans and the statement of Shri Joginder Kumar, without making him a co-noticee to the Show Cause Notice, was found insufficient. The Commission held that the uncorroborated loading challans could not be relied upon.The duty payable by the applicants was determined to be Rs. 81,23,921.00 plus Rs. 500.00, totaling Rs. 81,24,421.00. The applicants were directed to deposit the balance amount of Rs. 500.00 within 30 days. The Commission granted immunity from prosecution and penal liability under the Central Excise Act, 1944, and the Rules made thereunder, provided the applicants paid 10% simple interest on the duty evaded until the final payment. The applicants were required to submit a worksheet of the interest calculation, authenticated by the Revenue, and pay the full interest within 15 days of submitting the worksheet.Conclusion:The Settlement Commission concluded that the applicants had made a true and complete disclosure and had cooperated fully with the proceedings. Immunity from prosecution and penal liability was granted, and the applicants were directed to pay the balance duty and interest as calculated.