2008 (12) TMI 583 - AT - Central Excise

Appellate Tribunal Overturns Duties Imposed on Polyester Yarn & Raw Materials

The Appellate Tribunal CESTAT, Ahmedabad, set aside the demands for Central Excise duty on Polyester Texturised Yarn (PTY), customs duty on raw materials, ... Clandestine removal - Proof Issues:Appeal against demand for Central Excise duty on Polyester Texturised Yarn (PTY), customs duty on raw materials, Central Excise duty on Anti Static oil, interest, and penalty.Analysis:1. Central Excise Duty on PTY:The Commissioner confirmed the demand for Central Excise duty on PTY. The appellant argued that the Revenue's case was based on the premise that Static Oil increases the weight of the finished product, but the actual clearances matched the weight of raw materials used. They contended that Static Oil attached to PTY gets removed during processing, negating duty evasion. The Commissioner allegedly disregarded their submissions and the Chartered Engineer's opinion. The absence of corroborative evidence to the signatory's statement and the technical opinion supported the appellant's case. The Tribunal noted the lack of evidence by the Revenue and the Commissioner's oversight of crucial points, leading to the decision to set aside the order and grant relief to the appellants.2. Customs Duty on Raw Materials:The Commissioner also confirmed customs duty on raw materials procured duty-free. The appellant's argument regarding the removal of Static Oil during processing was crucial here as well. The Tribunal's decision to set aside the order based on lack of evidence and failure to consider the appellant's submissions applied to this issue too.3. Central Excise Duty on Anti Static Oil:The demand for Central Excise duty on Anti Static oil procured duty-free was also contested by the appellant. They presented arguments similar to those made for PTY and raw materials. The Tribunal's analysis and decision for this issue aligned with the findings for the other duty demands, emphasizing the lack of evidence and oversight in the Commissioner's order.4. Penalty and Interest:The order also imposed penalties on the firm, director, and authorized signatory, along with applicable interest. The appellant's defense against clandestine removal and the lack of substantial evidence to support the allegations were pivotal in challenging the penalties. The Tribunal's ruling to set aside the order and provide relief to the appellants encompassed the penalties and interest as well, highlighting the insufficiency of evidence and failure to consider crucial aspects of the case.In conclusion, the Appellate Tribunal CESTAT, Ahmedabad, through a detailed analysis of the issues raised by the appellant and the shortcomings in the Commissioner's order, set aside the demands for Central Excise duty on PTY, customs duty on raw materials, and Central Excise duty on Anti Static oil. The Tribunal emphasized the lack of corroborative evidence, failure to consider crucial submissions and technical opinions, and the absence of substantial proof of clandestine removal, leading to the decision to allow the appeals with consequential relief to the appellants.