2003 (4) TMI 414 - AT - Central Excise

Summary

Issues:
1. Contradictory allegations in the impugned order regarding the nature of activities conducted at the second premises.
2. Imposition of heavy fines and penalties without clear findings of contravention or duty evasion.
3. Lack of action by departmental authorities despite intimation by the appellants regarding the movement of goods for filtration.

Analysis:
1. The appellants argued that the impugned order ignored their intimation letter specifying the details of goods sent for further processing to their own unit under Central Excise Rule 57AC(5). They highlighted contradictions in the order, where the charge of goods sent for storage conflicted with processing activities mentioned. The appellants emphasized that they had accounted for the goods, there was no revenue loss quantified, and no case for confiscation or penalties existed.

2. The Revenue, represented by the J.D.R., supported the impugned order alleging misdeclaration of premises, storage without valid registration, and clearance of goods without duty payment. The notice also accused misuse of Cenvat Credit Rules. However, the Tribunal noted discrepancies in the order, where the goods were found to undergo processing at the second premises despite allegations of misdeclaration and storage. The heavy fines and penalties imposed lacked clear findings of contravention or duty evasion, leading to the Tribunal setting aside the order.

3. The Tribunal observed a lack of action by departmental authorities between the intimation date and a subsequent visit, indicating a failure to guide the appellants on legal requirements for the second premises. Considering the contradictory allegations and findings, the Tribunal annulled the order of confiscation and penalties, directing the appellants to apply for registration for the second premises and account for the goods for further processing or clearance on duty payment if not already done.

In conclusion, the Tribunal allowed the appeal, emphasizing the need for clarity in allegations, findings, and appropriate guidance to taxpayers in compliance matters, while ensuring due process and adherence to legal requirements in excise matters.