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of <h1>Duty Demand Overturned: Tribunal Requires Concrete Evidence for Alleged Evasion by Aerated Water Manufacturers.</h1> <h3>HINDUSTAN COCA COLA BEVERAGES PVT. LTD. Versus COMMR. OF C. EX., THANE-I</h3> HINDUSTAN COCA COLA BEVERAGES PVT. LTD. Versus COMMR. OF C. EX., THANE-I - 2006 (205) E.L.T. 700 (Tri. - Mumbai) Issues:Allegations of clandestine manufacture and removal of aerated waters, shortfall in production yield, duty demand based on theoretical calculations, onus of proving clandestine removal on Revenue, lack of tangible evidence, comparison with decisions in similar cases.Analysis:The appellants, engaged in manufacturing aerated waters, faced duty demand allegations for clandestine activities based on verifications and statements. They argued that standard output norms are ideal and subject to variations due to various factors affecting production efficiency. The Commissioner observed a shortfall in production yield and held the appellants liable for duty evasion due to partial recording of production and clearance without payment. The appellants contested the allegations, emphasizing factors contributing to loss and wastage during production.The Tribunal noted that the Revenue's case relied solely on standard input-output norms, and the Commissioner's reference to production shortfalls implied duty liability for non-achievement of standard yield, which was not legally sound. Citing legal precedents, the Tribunal highlighted the necessity of tangible evidence to prove clandestine activities, emphasizing the onus on the Revenue to provide such evidence. The Tribunal concluded that mere production shortfalls cannot be the basis for confirming duty demand without concrete proof of clandestine removal.Additionally, the Tribunal referenced a similar case involving another unit of the same appellant, where duty demand allegations were vacated considering factors like loss and wastage during production. The Tribunal distinguished a Supreme Court decision relied upon by the Revenue, emphasizing the lack of evidence in the present case compared to the case cited. Ultimately, the Tribunal set aside the duty demand, ruling in favor of the appellants due to the lack of substantial evidence supporting the allegations.In conclusion, the Tribunal emphasized the importance of tangible evidence in proving allegations of clandestine activities, highlighting the necessity for concrete proof rather than relying solely on theoretical calculations or assumptions. The decision underscored the legal principle that duty demands cannot be confirmed based on production shortfalls alone without corroborative evidence of clandestine removal, ensuring a fair assessment of duty liabilities.
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