2009 (7) TMI 157 - HC - Central Excise

Clandestine removal - Evidence - Held that - There is no connecting evidence on record to show that the octroi receipts could be connected to M/s. Surbhi Gas Service as these octroi receipts do not contain any reference to their name or bill numbers - appeal dismissed - decided against appellant.

Summary

Issues:
Appeals against common order of the Tribunal regarding reliance on octroi receipts without sufficient evidence.

Analysis:
The High Court of Punjab & Haryana at Chandigarh heard a bunch of eight appeals challenging a common order of the Custom Excise and Service Tax Appellate Tribunal, New Delhi. The Tribunal upheld the order dated 28-4-2006, stating that the octroi receipts in question did not provide sufficient evidence that the goods had been cleared or sold by M/s. Surbhi Gas Service, Mandi Gobindgarh. The receipts lacked specific references to the dealer's name or bill numbers, leading to doubts about their authenticity. The Revenue raised a substantial question of law regarding the validity of the octroi receipts as evidence for Cenvat credit fraud.

The High Court, after considering the arguments, found that the findings of fact by the Commissioner (Appeals) and the Tribunal were legally sound and did not warrant any interference. It was noted that the octroi receipts did not establish a clear connection to M/s. Surbhi Gas Service due to the absence of crucial details like the dealer's name or bill numbers. The Court emphasized that these were factual determinations rather than legal issues, and no substantive question of law was found to be involved. Consequently, the appeals were dismissed for lacking merit.

In conclusion, the High Court ordered that a copy of the dismissal order be placed on the file of connected appeals. The judgment reaffirmed the importance of substantial evidence and proper documentation in establishing claims related to the clearance and receipt of goods for tax purposes, highlighting the necessity of clear and verifiable records to support legal arguments in such cases.