LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

igh Court cannot interfere with the concurrent findings of facts based on pure appreciation of evide

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
Gujarat High Court
Brief :
Appeal - Concurrent findings of fact - Section 35G of the Central Excise Act, 1944 - During search, double set/parallel Central Excise Invoices were recovered from the Factory premises of the Appellant, which was admitted by the Director - Impugned goods were clandestinely removed without accounting for the same in the statutory record and without payment of Duty - Order passed by Adjudicating Authority for confirmation of demand and imposition of penalty, was upheld by Commissioner (Appeals) - Whether the Order of the Tribunal suffers from any Legal infirmity?
Citation :
Dharmesh Silk Mills Pvt. Ltd v. Union of India (UOI) and Anr. (Decided on 15.04.2010) MANU/GJ/0189/2010

Held, the Director of the Appellant had admitted recovery of parallel invoices for clandestine removal. The statements of traders pointed to clandestine receipt of impugned goods without payment of duty under the cover of parallel Central Excise invoices. It is a settled legal position that the High Court cannot interfere with the concurrent findings of facts based on pure appreciation of evidence, even if it was possible to take a different view unless such concurrent findings are patently perverse or based on manifest misreading of any legal provision so as to give rise to a substantial question of law. Therefore, in the face of the findings recorded by the Tribunal, after appreciation of the evidence on record, it was not possible to state that the impugned order of the Tribunal suffers from any legal infirmity so as to warrant interference. Therefore, no substantial question of law arises for consideration. Hence Appeal dismissed.

    

 
"Loved reading this piece by Raj Kumar Makkad?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Taxation
Views : 2572




Comments