Top Excise Officers of Gurgaon in dock for fabricating the figures of demand

GURGAON. 15th March 2016. Taking a serious note of fabrication of figures and harassment by Senior Central Excise Officers by confirming bogus demands and imposition of equal penalty; Revenue Secretary Mr. Hasmukh Adhia has ordered an enquiry in the conduct of an Additional Commissioner and Deputy Commissioner of Central Excise Gurgaon-I for alleged misuse and abuse of their powers.

An Adjudication Order No. 08/SK/ADC/CE/GGN-I/ 2015 was passed by Mrs. Shehla Khan, Additional Commissioner, Central Excise, Gurgaon-I which was received by M/s JSS Steelitalia Limited, Gurgaon on 1.3.2016. Vide said order the demand of Rs 9,19,283/- and interest was confirmed and penalty of Rs 9,19,283/- was also imposed on M/s JSS Steelitalia Limited, a Company with substantial foreign investment. The said Order disallowed CENVAT Credit of Rs. 4,74,216/-, availed on Bill No. 239,242,247,257,254 on the ground that bills pertained to construction service; whereas no credit was actually availed on Construction service by the manufacturer . Under these bills credit was availed on services of Polishing of finished goods, Packaging of goods, material handling, repackaging services. The Order also disallowed credit of Rs.4,45,067/- availed vide Bill No. 266,272,282,285 on ground that bills pertained to insurance service whereas all these Bills were for manpower supply service.

According to RS Sharma Advocate for Foreign Investor; the figures of credit availed on construction and insurance service were fabricated by the Deputy Commissioner with intention to harass and fabrication was also brought to the notice of the Additional Commissioner. But surprisingly even Additional Commissioner blindly passed the order, relying on fabricated figures, without going through the Bills while copies of all the bills, on which credit was availed, were on record.

Both the controversial Officers are expected to be transferred from Gurgaon. It is learnt that the Deputy Commissioner was already transferred long back to the Board but managed to continue in Gurgaon.

Gurgaon is considered a juicy and lucrative posting for Excise Officers and even those posted in Delhi Excise are willing to move to Gurgaon as after closure of Pan Masala and Gutkha Units in Delhi due to ban; Delhi Excise is no more a lucrative posting for Officers.