2008 (8) TMI 667 - AT - Central Excise

Tribunal Upholds Decision to Set Aside Duty Demand Under Central Excise Act

The Tribunal upheld the Commissioner (Appeals) decision to set aside the demand of duty and penalties imposed under the Central Excise Act, 1944. The ... Demand - Clandestine removal Issues involved: Appeal against setting aside demand of duty by Commissioner (Appeals) and imposition of penalty u/s 11AC of Central Excise Act, 1944.Issue 1: Demand of duty and imposition of penaltyThe case involved the processing of cotton and man-made fabrics by the appellant. Central Excise preventive officers found shortages during a visit to the factory, leading to proceedings against the appellant for clearance of short found fabrics without payment of duty. Statements of involved parties, including the appellant's representatives and buyers, confirmed the unauthorized removal of fabrics. The Additional Commissioner confirmed the demand of duty amounting to Rs. 2,50,474/- along with interest and imposed penalties on the authorized representative and director. However, the Commissioner (Appeals) set aside this order, citing reasons such as retracted statements, lack of actual physical verification, and limitations on the issuance of the show cause notice.Issue 2: Adjudication and findingsThe Commissioner (Appeals) highlighted discrepancies in the investigation process, including doubts about the reliability of the recorded panchnama. The adjudicating authority's disbelieved the investigation story and panchnama, leading to the rejection of allegations of shortages and clandestine removal. The Commissioner (Appeals) emphasized that corroborative statements should not be accepted blindly, especially when the panchnama itself was deemed unreliable. The Revenue failed to rebut the specific findings of the Commissioner (Appeals) and challenged the order based on the admissibility of statements as evidence. However, the Tribunal upheld the Commissioner (Appeals) decision, emphasizing the importance of the original adjudicating authority's observations on the panchnama's legality.In conclusion, the Tribunal rejected the Revenue's appeal, affirming the Commissioner (Appeals) decision to set aside the demand of duty and penalties. The Tribunal found no merit in the Revenue's arguments regarding the admissibility of statements as evidence and upheld the Commissioner (Appeals) findings regarding the unreliable panchnama. The views adopted by the Commissioner (Appeals) were deemed appropriate, leading to the dismissal of the Revenue's appeal.