2018 (4) TMI 1737 - AT - Central Excise

Tribunal overturns duty demand and penalties for lack of evidence

The Tribunal set aside the duty demand and penalties imposed on the manufacturing unit and its Director due to insufficient evidence to prove clandestine ... Clandestine removal - steel ingots and rolled products - alleged issuance of invoices for MS Ingots and scrap in the name of various other parties - HELD THAT:- The evidences relied upon by the Revenue are not sufficient to uphold the allegations of clandestine removal - Appeal allowed - decided in favor of appellant. Issues: Allegations of clandestine removal of goods leading to demand of duty and imposition of penalties.Analysis:1. The appellant, engaged in manufacturing steel ingots and rolled products, was investigated by the Department of DGCEI based on invoices issued by another entity. The Revenue alleged that goods cleared under these invoices were received by the appellant and used in manufacturing without duty payment, resulting in proceedings and imposition of duty demand and penalties on the manufacturing unit and its Director.2. The investigations against other assessees in similar situations, based on the same set of facts from the investigations of the entity issuing the invoices, led to demand confirmations. However, the Tribunal, in the case of M/s DSR Steels Pvt. Ltd. and others vs. CCE, Alwar, held that the evidence presented by the Revenue was insufficient to prove clandestine removal, resulting in a decision favoring the assessees.3. Considering the similarity in investigations and evidence collected, the Tribunal, following the precedent set in the case of M/s DSR Steels Pvt. Ltd., set aside the impugned order against the appellant and allowed both appeals, providing consequential relief to the appellants. The decision was made in alignment with the Tribunal's earlier ruling on similar cases arising from the investigations conducted at the entity issuing the invoices.