2003 (10) TMI 365 - AT - Central Excise

Summary

Issues:
1. Confiscation of goods and imposition of penalty for violation of Rule 52A.
2. Acceptance of appeal against the order of the Commissioner (Appeals).

Analysis:
1. The appeal before the Appellate Tribunal CESTAT, Mumbai was against the order of the Commissioner (Appeals) regarding the confiscation of 250 kilograms of niacinamide by the Assistant Commissioner. The Assistant Commissioner had ordered confiscation of the goods and imposed a penalty due to the absence of a valid gate pass as required by Rule 52A. The Assistant Commissioner acknowledged that duty had been paid on the goods, but the gate pass was not with the truck carrying the goods as the driver had left it in the carrier's office. The Commissioner (Appeals) upheld the Assistant Commissioner's order.

2. The main contention in the appeal was that the duty had been paid on the goods, and the absence of the gate pass was a mistake by the driver. The Appellate Tribunal noted that the contravention of Rule 52A does make the goods liable for confiscation. However, the Tribunal found that the penalty of Rs. 5,000 imposed on the appellant was not justifiable as Rule 52A only provides for a maximum penalty of Rs. 1,000. The Tribunal considered that the appellant had handed over the gate pass to the carrier, and the failure to carry it was not the appellant's fault. Therefore, the Tribunal reduced the redemption fine to Rs. 5,000, acknowledging that the duty had been paid on the goods and the mistake was on the carrier's part.

3. The Tribunal allowed the appeal in part, indicating that while the confiscation of the goods was upheld due to the contravention of Rule 52A, the penalty imposed on the appellant was reduced considering the circumstances of the case. The Tribunal's decision highlighted the distinction between liability for confiscation and the imposition of penalties under Rule 52A, ultimately providing relief to the appellant by reducing the redemption fine.