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of <h1>Appellate authority overturns order due to lack of evidence in water jug case, benefit of doubt to appellants</h1> <h3>NISSAN THERMOWARE PVT. LTD. Versus COMMISSIONER OF C. EX., DAMAN, VAPI</h3> The appellate authority found insufficient evidence to support allegations of clandestine manufacture and clearance of water jugs. Due to the lack of ... Demand - Clandestine manufacture and removal - shortage of raw material - evidence on record - principles of natural justice Issues: Alleged clandestine clearance of water jugs without duty payment based on shortage of raw material; Denial of Modvat credit benefits; Time-barred demand; Natural justice in penalty imposition under Rule 173Q.Analysis:1. Alleged Clandestine Clearance: The case involved the appellants, manufacturers of insulated ware, facing allegations of clandestine clearance of water jugs without duty payment due to a shortage of raw material, HD. The Director admitted to using the raw material for clandestine clearance, leading to duty evasion. However, the appellants contested the allegations, arguing that the shortage of HD did not prove clandestine activities as all other necessary raw materials were accounted for. The appellate authority upheld the allegations based on the Director's statement, but the advocate argued that without additional evidence, clandestine activities could not be established solely on raw material shortage.2. Modvat Credit Benefits: The appellants highlighted that the Modvat credit on inputs exceeded the duty liability on finished products, making it illogical for them to engage in clandestine activities. They emphasized that the balance of raw materials necessary for production was maintained, challenging the notion of clandestine clearance. This argument aimed to demonstrate that the financial benefit from Modvat credit negated any incentive for duty evasion.3. Time-Barred Demand: The appellants contended that the demand was time-barred as the investigation concluded in 1996, and the show-cause notice was issued in 2000, exceeding the one-year limit from the department's knowledge of facts. Citing various judgments, they asserted that the delay in issuing the notice infringed upon their rights and legal provisions.4. Natural Justice in Penalty Imposition: The appellants raised concerns regarding the imposition of penalties under Rule 173Q without specific contraventions and inadequate information on penal proceedings. They argued that the lack of clarity on penalty clauses violated principles of natural justice, citing relevant legal precedents to support their position.5. Judicial Precedents: The judgment referenced several legal precedents emphasizing that a mere shortage of raw material could not substantiate allegations of clandestine removal without additional evidence of conversion and clearance of final products. The Tribunal's decisions and court rulings highlighted the necessity of tangible evidence to uphold duty demands related to clandestine activities, underscoring the importance of corroborative proof beyond raw material shortages.In conclusion, the appellate authority found insufficient independent evidence supporting the allegations of clandestine manufacture and clearance of water jugs. Given the absence of conclusive proof beyond the disputed raw material shortage and the Director's statement, the benefit of doubt was extended to the appellants. Consequently, the impugned order was set aside, and both appeals were allowed in favor of the appellants, granting them consequential relief. The judgment was pronounced on 25th March 2009 by Ms. Archana Wadhwa, J.
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