Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

Comments

Print   |    |  Comment

GST update /2026-27/0004

M/S Miraj Products Pvt Ltd. v. The Commissioner

GST UPDATE

Hon’ble Court: CESTAT, New Delhi
Case Title: M/s. Miraj Product (P) Ltd. VERSUS The Commissioner
Appeal No. & Citation: EXICSE APPEAL NO. 50988 OF 2025
Hon’ble Judge(s) HON’BLE MR. JUSTICE DILIP GUPTA, PRESIDENT and HON’BLE MR. P.V. SUBBA RAO, MEMBER (TECHNICAL)
Date of Order 06.04.2026
Outcome In favour of the Appellant
 

Brief Facts of the Case

M/s. Miraj Products (P) Ltd., the appellant, was engaged in the manufacture of lime mixed chewing tobacco under the brand name “Miraj”, falling under the Central Excise Tariff. The appellant operated two units at Nathdwara, Rajasthan,Unit-II was the processing unit, where raw tobacco was received and processed. The process involved drying, grading, mixing tobacco with lime, and applying flavouring agents such as peppermint oil, after which the processed tobacco was packed in gunny bags and cleared on payment of duty to the packing unit. Unit-I was the packing unit, where the processed tobacco received from Unit-II was packed into 6-gram pouches and 15-gram zipper pouches under the brand name “Miraj.”The Directorate General of Central Excise Intelligence (DGCEI) initiated an investigation on the suspicion that the appellant had clandestinely procured raw tobacco and packaging materials through certain traders and dummy firms and manufactured tobacco pouches without recording them in statutory records or paying excise duty. During the investigation, statements of transporters, suppliers and other persons were recorded and various transport documents such as Goods Receipts (GRs) were examined. Based on the alleged procurement of large quantities of raw tobacco and packing films, the department calculated the production capacity of the pouching machines and alleged that the appellant had the capability to manufacture substantial quantities of tobacco pouches in excess of the recorded production. It was further alleged that the appellant had clandestinely manufactured and cleared large quantities of Miraj Tobacco pouches through certain dealers during the period 2002–03 to 2004–05. Consequently, a show cause notice was issued proposing demand of central excise duty along with interest and penalties, which was confirmed by the adjudicating authority in the impugned order. Aggrieved, by the said order, the appellant filed appeal before the Tribunal.

Relevant Section

  • Section 9D of the Central Excise Act
  • Rule 26 of the CGST Rules

Question before the Authority

  • Whether clandestine procurement of raw tobacco, clandestine manufacture and removal of chewing tobacco by the appellant was supported by credible evidence or was based on assumptions and presumptions?
  • Whether statements recorded under Section 14 of the Central Excise Act could be relied upon without following the procedure prescribed under Section 9D?
  • Whether imposition of penalties under Rule 26 is justified?

Brief Arguments by Appellant

The appellants raised the following submissions before the Tribunal:
  • Non-compliance with Section 9D of the Central Excise Act
    The adjudicating authority relied upon statements of witnesses recorded during investigation without following the mandatory procedure prescribed under Section 9D of the Central Excise Act, such as examining the witnesses before the adjudicating authority and granting opportunity for cross-examination. Reliance was placed on decisions in Surya Wires Pvt. Ltd., Paradise Steels Pvt. Ltd., Ambika International, and Hi-Tech Abrasives Ltd.
 
  • No clandestine manufacture or removal established
    The appellants submitted that they had neither procured raw materials clandestinely nor cleared finished goods without payment of duty, and the department failed to produce any corroborative evidence of clandestine production.
 
  • Improper reliance on statements under Section 14
    The department relied solely on statements recorded under Section 14 to allege clandestine removal, which cannot be treated as evidence since the procedure under Section 9D was not followed.
 
  • No evidence of clandestine procurement of raw tobacco or packaging material
    The allegation that raw tobacco was supplied through M/s. Shelraj Tobacco and M/s. Raghunayak Traders was based only on statements during investigation, without any documentary evidence showing actual delivery of goods to the appellant.
 
 
  • Demand based on assumptions and conjectures
    The appellants argued that the entire demand was based on assumptions rather than concrete evidence. The burden to prove clandestine manufacture and removal lies on the department, as held in Bansiwala Iron & Steel Rolling Mills and Rathi TMT Saria (P) Ltd.
 
  • Extended period of limitation wrongly invoked
    The appellants contended that there was no suppression of facts or intent to evade duty, and therefore invocation of the extended period of limitation was unjustified.
 
 
  • Penalty and interest not sustainable
    Since the duty demand itself was not sustainable, the penalties imposed on the appellants and the interest demanded were also liable to be set aside.
 

Brief Arguments by Respondent

  • Detailed investigation establishing clandestine activities
    The department contended that a detailed investigation was conducted covering the entire chain of procurement of raw materials, packing materials, manufacturing capacity, production process and clearance of finished goods to dealers, which clearly indicated clandestine manufacture and removal by the appellant.
 
  • Evidence from transporters regarding transportation of raw tobacco
    The department relied on documents recovered from Jai Maharaj Transport Service, Nadiad, where several GRs (Goods Receipts) showed transportation of raw tobacco from M/s. Pinakpani Traders to the appellant. Statements of other transporters such as Rajpurohit Transport, Vijay Goods Carrier and Haryana Punjab Roadlines revealed that they had issued blank GRs, which were allegedly used to facilitate clandestine transportation.
  • Clandestine supply of packing material through dummy firms
    It was alleged that M/s. Eden Hi Tech Films, Udaipur, the main supplier of packing materials, had created several dummy firms for supplying printed packing materials required for clandestine clearance of tobacco pouches. The persons in whose names these firms were created were allegedly unaware of such business activities.
 
  • Production capacity of pouching machines indicating excess production
    Based on the number and speed of pouching machines installed, the department calculated that the appellant had the capacity to produce 54,52,800 pouches of 6 grams per day, which supported the allegation that the appellant could manufacture additional quantities of tobacco pouches beyond the recorded production.
 
 
  • Machinery capacity and contractor statements indicating clandestine manufacture
    The department submitted that the installed capacity of machinery and statements of contractors confirmed that the appellant had manufactured and cleared goods in excess of recorded production. On this basis, it was alleged that 947,407,450 pouches of Miraj Tobacco were clandestinely manufactured from the unaccounted raw tobacco and packing material.
 
  • Evidence of clandestine removal through transport documents and dealer records
    The department further relied on GRs recovered from Vikram Singh Rajpurohit, proprietor of Rajpurohit Transport Co., Udaipur, along with documents obtained from Manohar Lal Bhatia and other dealers, which allegedly showed that 36,035 bags of Miraj Tobacco were clandestinely removed during the financial years 2002–03, 2003–04 and 2004–05.
 

Findings and Judgement

The Tribunal undertook the detailed analysis of the Order passed by the Appellate Authorities and also took note of the relevant sections and gave analysis in relation to the following:
Regardingclandestine removal of goods based on the statements recorded under section 14
  • Mandatory procedure under Section 9D for reliance on statements
    The Tribunal held that Section 9D of the Central Excise Act is mandatory and prescribes a specific procedure before statements recorded during investigation can be relied upon as evidence. Where the circumstances mentioned under Section 9D(1)(a) do not exist, the adjudicating authority must follow the procedure under Section 9D(1)(b), which requires examination of the person who made the statement as a witness before the adjudicating authority and thereafter forming an independent opinion that such statement should be admitted in evidence in the interest of justice.
  • Purpose of the statutory safeguard and requirement of cross-examination
    The Tribunal observed that the elaborate procedure under Section 9D exists because statements recorded during investigation may sometimes be obtained under coercion or compulsion. Therefore, before such statements are relied upon, the witness must be examined in adjudication proceedings and the assessee must be given an opportunity for cross-examination, ensuring compliance with principles of natural justice.
  • Statements become relevant only after admission in evidence
    It was held that a statement recorded during investigation becomes relevant in adjudication proceedings only after it is admitted in evidence in accordance with Section 9D. If the prescribed procedure is not followed, the statements cannot be treated as relevant or admissible evidence for proving the allegations.
  • Judicial precedents affirming mandatory compliance
    The Tribunal relied upon judicial precedents including Ambika International, Hi Tech Abrasives, Drolia Electrosteel Pvt. Ltd., and Jindal Drugs Pvt. Ltd., which consistently held that Section 9D must be strictly complied with, and statements recorded during investigation cannot be relied upon unless the statutory requirements are fulfilled.
  • Non-compliance with Section 9D in the present case
    The Tribunal noted that around 90% of the relied-upon documents were statements of various persons recorded under Section 14. However, the Commissioner neither examined these persons as witnesses before the adjudicating authority nor admitted their statements in evidence in accordance with Section 9D. Consequently, the reliance placed on such statements in the impugned order was legally unsustainable.
  •  Allegations of clandestine removal cannot be sustained
    Since the findings of clandestine manufacture and removal were primarily based on such inadmissible statements, the Tribunal held that the allegations of clandestine removal could not be sustained in law.
Regarding clandestine procurement of raw material and packing material and clandestine removal of finished goods
  • Allegation regarding clandestine procurement of raw tobacco
    The Department alleged that the appellant had clandestinely procured large quantities of raw tobacco based on check post records of the Commercial Tax Department, which indicated transportation of goods in the name of M/s. Stonic Marble. However, the appellant explained that this discrepancy arose due to similarity between the RST number of M/s. Stonic Marble and the RET number of the appellant, resulting in an error during data entry at the Ratanpur Check Post. The appellant substantiated this explanation by producing corresponding invoices and entries in statutory records such as RG-12, demonstrating that the goods were duly accounted for. The Tribunal accepted this explanation and held that the Department failed to establish that the goods shown in the name of M/s. Stonic Marble were actually unaccounted raw material received by the appellant.
 
  • Allegation relating to procurement through dummy firms
    The Department further alleged that raw tobacco was procured through firms such as M/s. Shelraj Tobacco and M/s. Raghunayak Traders, which were allegedly managed by employees of the appellant. However, this allegation was based primarily on statements of employees, transporters and traders recorded during investigation under Section 14 of the Central Excise Act. The Tribunal observed that no independent documentary evidence was produced to prove that the raw tobacco supplied in the name of these firms was actually delivered at the appellant’s factory. Since the statements were relied upon without following the mandatory procedure under Section 9D, they could not be treated as admissible evidence.
 
  • Absence of corroborative evidence for clandestine manufacture
    The Tribunal also noted that the Department failed to produce any corroborative evidence indicating excess production, such as proof of additional labour, extended working hours, abnormal electricity consumption, or procurement of excess raw materials and packing materials. In the absence of such evidence, the allegation of clandestine manufacture of lime mixed chewing tobacco remained unsubstantiated.
 
  • Allegation regarding clandestine removal of finished goods
    The allegation of clandestine clearance of finished goods was based on parallel invoices, documents recovered from dealers, GRs of transporters, and statements of dealers and customers. However, the Tribunal observed that these allegations were again primarily founded on statements recorded during investigation, which could not be relied upon due to non-compliance with Section 9D.
 
  • Reliance on Retracted Statements by the department
The Tribunal also took note of the fact that Mukesh, an employee of the appellant, initially stated that he had prepared parallel invoices, which the Department relied upon to allege clandestine clearance. However, this statement was subsequently retracted through a letter dated 27.08.2005. The Tribunal observed that once a statement is retracted, it loses its evidentiary value unless it is supported by independent corroborative evidence
 
  • Discrepancies in check post data and transport records
    The Department also relied on computerized records from the Ratanpur Check Post showing repeated movement of the same vehicles with the same invoice numbers. The Tribunal found that such entries were likely the result of data entry errors, as the Department failed to produce the corresponding physical invoices or transport documents. Additionally, the alleged multiple trips of the same truck within a single day were practically impossible, considering that a single journey between the locations required 10 to 12 hours.
  • No physical or documentary evidence relating to discrepancy in material or goods found during search
    During investigation and search at the appellant’s premises, no excess or shortage of raw materials, packing materials or finished goods was found, and the physical stock matched the entries recorded in RG-I and other statutory records. Further, no documents or records indicating clandestine manufacture or removal were recovered from the premises.
 
  • Failure of the Department to discharge burden of proof
    The Tribunal reiterated the settled legal principle that clandestine manufacture and removal must be established through positive, cogent and corroborative evidence. In the present case, the Department relied largely on uncorroborated statements and doubtful data records, without producing concrete documentary evidence. Consequently, the Department failed to discharge the burden of proving clandestine procurement of raw materials or clandestine clearance of finished goods.
Regarding imposition of penalties under rule 26 of the Central Excise Rules
  • Absence of finding regarding confiscation of goods
    It is submitted that penalty under Rule 26 of the Central Excise Rules can be imposed only when the goods are confiscated or held liable to confiscation. In the present case, the impugned order does not contain any discussion or finding that the goods were liable to confiscation. The adjudicating authority has merely observed, while imposing penalty, that the goods were liable to confiscation without recording any supporting reasoning. In the absence of such a finding, the essential condition for invoking Rule 26 remains unfulfilled and therefore the penalty is not sustainable.
 
  • Reliance on judicial precedent
    This position is supported by the decision of the Tribunal in Shri Ramesh Garg, Chairman of M/s K.S. Oil Ltd. vs. Commissioner, CGST, Customs & Central Excise, wherein it was held that in the absence of confiscation of goods or a finding that the goods are liable to confiscation, penalty under Rule 26 cannot be imposed.
Accordingly, the Tribunal set aside the confirmation of excise duty demand amounting to ?20.41 crore along with interest. The penalties imposed under Rule 26 of the Central Excise Rules, 2002 were also set aside.

Cases Relied Upon

Case Laws Citation
Ambika International vs. Union of India 2016 (334) E.L.T. 97 (P&H)
Hi-Tech Abrasives Ltd. vs. Commissioner of Central Excise & Service Tax 2018 (362) E.L.T. 961 (Chhattisgarh)
Drolia Electrosteel Pvt. Ltd. vs. Commissioner of Central Excise 2019 (365) E.L.T. 556 (Tri. – Del.)
Jindal Drugs Pvt. Ltd. vs. Union of India 2016 (340) E.L.T. 67 (Bom.)
Shri Ramesh Garg, Chairman of M/s K.S. Oil Ltd. vs. Commissioner, CGST, Customs & Central Excise  
 

 

 
 

Opinion

Author’s Comment

The present judgment provides a comprehensive and detailed judicial analysis on allegations of clandestine manufacture and removal, which is a recurring issue in indirect tax litigation. Through this structured evaluation, the Tribunal reiterated the settled legal principle that charges of clandestine manufacture and removal cannot be sustained merely on assumptions or isolated circumstances, but must be established through positive, cogent and corroborative evidence.
Further, it provides detailed discussion on the evidentiary value of statements recorded during investigation, particularly with reference to Section 9D of the Central Excise Act, 1944. The Tribunal emphasized that statements recorded under Section 14 can be relied upon only if the mandatory procedure prescribed under Section 9D is strictly complied with, which requires examination of the person making the statement before the adjudicating authority and permitting cross-examination where necessary. In the absence of such compliance, the statements cannot be treated as admissible or reliable evidence in adjudication proceedings. The judgment therefore reinforces that Section 9D acts as an important safeguard against reliance on untested statements during investigation.
Another important aspect highlighted in the decision is the evidentiary value of retracted statements. In the present case, reliance was placed by the Department on a statement of an employee regarding preparation of parallel invoices; however, the said statement was subsequently retracted. The Tribunal noted that a retracted statement, particularly when not supported by independent corroborative evidence, cannot form the sole basis for confirming allegations of clandestine removal. This principle is well established that retracted confessions require strong independent corroboration before they can be relied upon for confirming demands or penalties.
From a broader perspective, the judgment also assumes importance when viewed in the context of the GST regime. Under the Central Excise framework, Section 9D(2) provided a specific statutory mechanism governing the admissibility of statements in adjudication proceedings. However, under the CGST Act, 2017, the corresponding provision Section 136 consciously omits a provision equivalent to sub-section (2). This legislative omission reflects a more cautious evidentiary approach, indicating that statements recorded during investigation do not automatically attain evidentiary value and must generally be tested through judicial scrutiny.
Judicial interpretation under GST has also reinforced this approach. In Sanket v. Director General of Goods and Service Tax Intelligence, Nagpur [(2024) 21 Centax 184 (Bom.)] and Rahul v. Director General of Goods and Service Tax Intelligence, Nagpur [(2024) 14 Centax 370 (Bom.)], the Bombay High Court held that Section 136 of the CGST Act becomes relevant primarily at the stage of trial, and that admissions made before GST authorities are not per se admissible in evidence unless they receive the imprimatur of the Court. These rulings highlight that statements recorded during investigation cannot be treated as conclusive evidence without judicial evaluation.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com