2005 (10) TMI 362 - AT - Central Excise

Confiscation fine and penalty - Non-accountal of goods - Demand - Clandestine removal - Demand and penalty - Valuation (

Summary

Issues:
1. Alleged evasion of duty by clearing goods without proper documentation.
2. Discrepancies in the recorded balance of HDPE pipes and inputs.
3. Allegations of under-valuation and suppression of value of goods cleared.

Analysis:
1. The appellant, engaged in manufacturing HDPE pipes, appealed against an Order-in-Appeal after revenue officers intercepted trucks carrying pipes without duty payment documentation. Discrepancies in recorded balances of final products and inputs were noted, along with allegations of clearing goods at lower prices to evade duty.

2. The appellant claimed the trucks were being prepared for invoicing and cited absence of the excise clerk and director for discrepancies in production records. However, the appellant failed to provide documentary evidence supporting their explanations. Citing a precedent, unaccounted goods found liable for confiscation, the Tribunal upheld the confiscation of excess goods and upheld the demand due to the lack of evidence supporting the appellant's claims.

3. Regarding the alleged suppression of value, the appellant presented evidence from customers refusing goods due to quality issues and offering lower prices. The Tribunal found the evidence credible, indicating the goods were cleared at negotiated prices due to quality concerns. As the lower authority did not consider this evidence, the demand for suppression of value was deemed unsustainable, leading to the setting aside of penalties. The appeal was disposed of accordingly.