2009 (8) TMI 927 - AT - Central Excise

EOU Appellant Found Guilty of Clandestine Removal - Duty Liabilities Upheld

The appellant, a 100% EOU, was found guilty of clandestine removal of goods based on conclusive evidence of illicitly clearing grey fabrics and ... - Issues:1. Alleged clandestine removal of goods against the appellant.2. Determination of duty, penalty, and confiscation of goods.3. Appeal against the order passed by the Assistant Commissioner.4. Appeal before the Commissioner (Appeals) and subsequent appeal before CESTAT Ahmedabad.Analysis:1. The case involved allegations of clandestine removal of goods by the appellant, a 100% EOU engaged in manufacturing processed man-made fabrics. Discrepancies in stock were noted during a visit by Central Excise officers, leading to the discovery that the appellant had illicitly cleared grey fabrics in the open market and substituted them with processed fabrics of inferior quality. Statements from authorized signatories and partners corroborated these findings, supported by fabric testing results. The Tribunal found the appellant guilty of clandestine removal based on conclusive evidence, upholding their liability to penalty.2. The Assistant Commissioner's order imposed duties, interest, and penalties on the appellant, along with penalties on individual signatories. The Commissioner (Appeals) partially upheld the order but reduced the duty liability under specific provisions. However, the CESTAT Ahmedabad referenced a precedent to reject this reduction, restoring the original duty demand, penalties, and interest. The judgment emphasized that duty liability for DTA sales by 100% EOU is governed by specific provisions, denying the appellant the benefit of exemption under Notification 125/84-C.E.3. The appeal process involved submissions before the Commissioner (Appeals) and subsequent appeals before CESTAT Ahmedabad. While the Commissioner (Appeals) made some reductions in duty and penalties, the CESTAT Ahmedabad overturned these reductions based on legal precedents and upheld the original duty demand, penalties, and interest. The judgment highlighted the legal framework governing duty liabilities for 100% EOUs and emphasized adherence to established legal principles in determining the appellant's liabilities.4. In conclusion, the appeals filed by the appellant and individual signatories were rejected, affirming their liability for clandestine removal and penalties. The Revenue's appeal was allowed, restoring the Assistant Commissioner's order on duty and penalties concerning the appellant. The judgment provided a comprehensive analysis of the legal and factual aspects of the case, emphasizing the importance of adhering to statutory provisions and legal precedents in determining duty liabilities and penalties in cases of alleged clandestine removal of goods.