2017 (10) TMI 1113 - AT - Central Excise

Tribunal Upholds Duty Demand, Penalty, Confiscation for Clandestine Removal

The Tribunal upheld the duty demand, penalty imposition, and confiscation of goods against the assessee-Appellants for clandestine removal of goods based ... Clandestine removal - SSI Exemption - power cables including submersible power cable falling under Chapter 85 of the Central Excise Tariff Act - Held that: - For the purpose of Central Excise Act, 1944, there is sufficient material available on record by which it is established that there was a clandestine removal of the goods, especially when the Proprietor, Shri Ravinder Kumar Gupta, had admitted that the goods were manufactured and supplied to the buyers without making any entry in the books - Neither vouchers were prepared nor books were maintained. The driver has admitted that he had transported the goods only on the basis of ‘kachchi parchies’. Meaning thereby, that no vouchers were given to him. Entries made in the ‘kachchi parchies’ stand fully corroborated with the statements of the Proprietor recorded on various dates and the same were not retracted. Not only that, further corroboration comes from the statement of the buyers as also from the driver of the assessee-Appellants’ Company who used to transport the goods under the cover of ‘kachchi parchies’. All the evidences are sufficient to arrive at a finding that the assessee-Appellants were, admittedly, indulged in the clandestine removal of the goods. Appeal dismissed - decided against appellant-assessee. Issues:Clandestine removal of goods, SSI Exemption denial, Brand name usage, Duty demand, Penalty imposition, Confiscation of goods, Redemption fine, Rule 26(1) penalty, Search operation, Statements by individuals, Transport of goods, Separate proceedings under different Acts.Analysis:The case involved the assessee-Appellants appealing against the Order-in-Original passed by the Commissioner of Central Excise, Jaipur-I, for the period from 01.12.2006 to 06.07.2011. The Department found evidence suggesting clandestine removal of goods by the assessee-Appellants, leading to the denial of SSI Exemption and raising a duty demand. The appellants contended that loose slips belonged to someone else, and they merely printed brand names as per customer instructions. The arguments were supported by citing relevant case laws. The Revenue, however, argued that the goods were removed clandestinely based on recovered 'kachchi partchis' and statements from buyers and transporter. The Tribunal noted the manufacturing activities, recovery of incriminating records, and the admission of clandestine activities by the proprietor. The Tribunal upheld the duty demand, penalty imposition, and confiscation of goods based on sufficient evidence and corroborative statements.The search operation conducted by the Central Excise Department revealed the manufacturing of power cables with others' brand names by the assessee-Appellants. Statements from individuals confirmed the unauthorized manufacturing and supply of goods without proper documentation. The recovery of 'kachchi parchis' and admission of clandestine activities by the proprietor and driver further substantiated the findings. Despite the dropping of demand under the Commercial Tax Act, the Tribunal emphasized the separate treatment of proceedings under different Acts. The lack of proper records, vouchers, and the reliance on 'kachchi parchis' for transportation indicated clandestine operations, leading to the dismissal of the appeals by the assessee-Appellants.The Tribunal concluded that the evidence, including statements from various individuals involved, sufficiently established the clandestine removal of goods by the assessee-Appellants. The lack of proper documentation, admission of unauthorized activities, and corroborative statements supported the decision to uphold the duty demand, penalty imposition, and confiscation of goods. The Tribunal highlighted the importance of maintaining proper records and conducting business activities in compliance with statutory requirements to avoid allegations of clandestine operations. The dismissal of the appeals underscored the Tribunal's adherence to the findings based on the available evidence and statements provided during the proceedings.