2006 (2) TMI 440 - AT - Central Excise

Summary

Issues:
Appeal against duty demand, penalty, and interest on cotton yarn production and clearance.

Analysis:
The case involved appeals against duty demands, penalties, and interest imposed on a manufacturer of cotton yarn and two purchasers. The manufacturer started production of cotton yarn on cones and hanks from 1995, clearing yarn on cones after duty payment and hank yarn without duty payment. Central Excise authorities found discrepancies during a factory visit, leading to a show cause notice alleging duty liability on hank yarn clearances. The adjudication proceedings upheld these allegations, resulting in duty demands, penalties, and interest. The main contention was that the Revenue's evidence contradicted statutory records, challenging the findings. The manufacturer had intimated the Revenue about hank yarn production machinery installation, with records showing production and clearance of both yarn types. Verification reports and buyer confirmations supported the manufacturer's claims.

The Revenue argued malpractice based on discrepancies observed during verification and emphasized the Chairman's statement. However, apart from the stock discrepancy, there was no substantial evidence supporting the Revenue's case. The appeals highlighted that the Revenue's conclusion of entire production as hank yarn was unfounded, as statutory records, machinery installation intimation, and verification reports indicated production and clearance of both yarn types. The delayed verification with purchasers yielded no incriminating evidence. The main reliance on the Chairman's statement was countered by the principle that contemporaneous records hold higher evidentiary value. Ultimately, the evidence did not establish the Revenue's case, leading to the setting aside of the impugned order and allowing the appeals with consequential relief to the appellants.