2006 (1) TMI 357 - AT - Central Excise

Tribunal revokes penalties due to lack of evidence in alleged duty evasion case.

The Tribunal set aside the Commissioner's decision to impose penalties on the appellant company for alleged clandestine removal of tread rubber without ... Clandestine removal - Proof - Issues involved: Alleged clandestine removal of tread rubber without payment of duty, imposition of penalty.Summary:The appellant company, a small scale unit engaged in manufacturing tread rubber for various vehicles, was accused of clandestine removal of goods without duty payment. The adjudicating Commissioner confirmed a demand of Rs. 21,68,458/- along with penalties. The allegation was primarily based on statements of some customers, which were later retracted during cross-examination. The appellant argued that no physical verification or seizure of goods had taken place, and there was a lack of evidence regarding excess raw material procurement or power consumption. The appellant also highlighted discrepancies in the official visit dates and relied on legal precedents to contest the charge.The department, however, argued that statements of purchasers provided enough evidence of clandestine removal, emphasizing that retractions made later did not negate the original statements. Despite suspicions raised by private records and purchaser statements, the Tribunal found the department's investigation lacking. The absence of concrete evidence to support the alleged large-scale clandestine removal over a significant period led the Tribunal to conclude that the benefit of doubt should be given to the appellants. The Tribunal noted that while the department is not required to prove cases with absolute certainty, a reasonable level of evidence is necessary, which was found to be lacking in this instance. Consequently, the impugned order was set aside, and the appeals were allowed.