2011 (3) TMI 1492 - AT - Central Excise

Appellant's Control Over Premises Not Enough for Charges

The Tribunal found that while the appellant had control over the premises' lock & key, there was insufficient evidence to support charges of ... - Issues:Adjudication based on input-output ratio formula for the year 2005-2006.Analysis:The appellant contended that the input-output ratio formula, prescribed from 2005 and applicable from 2008, should not be the sole basis for adjudication for the year 2005-2006. No adjudication was done for the subsequent years, and there was no evidence of unaccounted inputs or evasion of clearance. The appellant requested a waiver of pre-deposit during the appeal.The Department argued that despite the State Excise Authority's control over the appellant, the appellant had control over the premises' lock & key. The Department claimed that the appellant failed to provide sufficient evidence to prove no suppression. The adjudicating authority had material supporting the case against the appellant.After hearing both parties and examining the records, the Tribunal acknowledged the appellant's control over the lock & key. However, regarding the storage tanks of the impugned goods, the Tribunal found no basis for charges against the appellant based on the evidence presented. The Tribunal emphasized that adjudication under the Central Excise Act follows the principle of evidence. It noted that mere possession of the lock & key should not lead to charges without substantial evidence. The Tribunal concluded that the order seemed to rely on assumptions and suspicions, refraining from expressing a definitive opinion at that stage. The Tribunal directed a waiver of pre-deposit during the appeal process, leaving the matter open for further arguments from both sides.