Contradictions In Eyewitness Accounts And Suppression Of Crucial Evidence Weaken The Prosecution's Case: Telangana High Court High Court of Sikkim Sets Aside Trial Court’s Decision on Maintainability of Suit: Preliminary Issues Must Be Purely of Law Courts Must Focus on Substance Over Procedure, Says High Court Writ Petitions Against Civil Court Orders Must Be Under Article 227: Patna High Court Reiterates Jurisdictional Boundaries Kerala High Court Upholds Eviction, Rejects Sub-Tenant's Kudikidappu Claim Contractual Employment Does Not Confer Right to Regularization: Jharkhand High Court Divorced Wife Entitled to Maintenance Under Domestic Violence Act for Past Domestic Violence: Bombay High Court Judicial Proceedings Cannot Be Instituted After Four Years: MP High Court in Quashing FIR Against Retired Engineer Orissa High Court Invalidates Lecturer Recruitment Advertisements for Non-Compliance with UGC Standards Public Interest Jurisdiction Not a Substitute for Private Litigation: Karnataka High Court Declines PIL Cognizance under Section 188 IPC is illegal without a public servant’s complaint:Kerala High Court Juvenile Justice Act Prevails Over Recruitment Rules: Madras High Court Rules Juvenile Records Cannot Bar Employment in Police Services" Calcutta High Court Quashes MR Distributorship Selection Due to Irregularities in Godown Compliance and Selection Process Once the driver has established the validity of his license, the insurer cannot escape liability without conclusive proof to the contrary: J&K HC Belated Claims Cannot Be Entertained: Kerala High Court Overturns CAT Decision on Date of Birth Correction DNA Tests Cannot Supersede Established Legal Presumptions: Himachal Pradesh HC Section 26E of SARFAESI Act Overrides VAT Act: Secured Creditor's Charge Has Priority Over State's Tax Dues: Gujrat High Court High Court of Delhi Clarifies Jurisdiction in Commercial Dispute: 'Procedural Efficiency Must Be Upheld

Suspicion, Howsoever Grave, Cannot Replace the Test of Proof: Delhi High Court Quashes Excise Duty Evasion Charges Against Kuber Tobacco

07 May 2024 8:19 AM

By: Admin


Delhi High Court in the case of Commissioner of Central Excise vs. Kuber Tobacco Products Pvt. Ltd. & Anr., emphatically dismissed the appeal by the Commissioner of Central Excise, underscoring the principle that grave suspicion does not suffice as evidence. The court stressed the importance of tangible proof over assumptions in cases alleging clandestine removal of goods and evasion of excise duty.

Legal Point of the Judgment: At the heart of this judgment lies the question of the sufficiency and credibility of evidence in substantiating charges of tax evasion and clandestine activities.

Facts and Issues: Stemming from a series of raids in 1998 and subsequent show-cause notices, Kuber Tobacco Products Pvt. Ltd. was accused of evading excise duty through clandestine removal of Gutkha and Khaini. The evidence presented largely comprised retracted statements and documents like Hisaba books and loose sheets.

Court’s Assessment: The court thoroughly examined each piece of evidence. The retracted statements of Mool Chand Malu and Vikas Malu, key figures in KTPL, were not deemed credible due to the lack of independent corroboration. Additionally, the physical verification at KTPL's premises did not reveal excess stock or unaccounted purchases of raw materials, weakening the case of clandestine manufacture and clearance. The court highlighted the importance of tangible evidence in such allegations, noting that assumptions and presumptions are not sufficient for conviction. The evidence, mainly consisting of seized documents, was found to be procedurally flawed and failed to establish a direct connection to KTPL.

Decision: Upholding the CESTAT's majority decision, the High Court dismissed the appeal due to the absence of cogent and tangible evidence against KTPL. The ruling highlighted the judicial insistence on solid and corroborative evidence in cases of tax evasion.

Date of Decision: March 11, 2024.

Commissioner of Central Excise vs. Kuber Tobacco Products Pvt. Ltd. & Anr.

Similar News