2003 (10) TMI 418 - AT - Central Excise

Summary

Issues:
Appeal against imposition of penalties under Section 112(a) & (b) of the Customs Act based on seizure of foreign origin goods; Claim of lack of evidence to prove knowledge of illegal transportation by the appellants; Interpretation of the role of common carrier in transportation of goods; Burden of proof on the Department to establish goods as smuggled; Consideration of absence of consignors or consignees during investigation.

Analysis:
The appeals were filed against penalties imposed under Section 112(a) & (b) of the Customs Act due to the seizure of foreign origin ball bearings from the appellants' godown. The appellants, a company engaged in transportation, and its Manager, were penalized by the Commissioner of Customs for not providing valid documents proving lawful acquisition of the goods. The Commissioner also ordered absolute confiscation of the seized goods. The appellants argued that they were unaware of any illegal activity as they received the goods from Bombay under valid documents for transportation to Delhi.

Upon review, the Tribunal found that penalizing the appellants solely based on the presence of foreign origin goods in their godown was insufficient to invoke Section 112(a) & (b) against them. The Tribunal noted that the appellants, as common carriers, received the goods in sealed condition from various consignors in Bombay for transportation to Delhi. The Manager produced necessary documents during the seizure, and the absence of consignees during the investigation did not imply knowledge of smuggling on the appellants' part.

Furthermore, the Tribunal emphasized the lack of evidence proving the seized goods were smuggled or that the appellants were aware of any illegal activity. The Department failed to establish the smuggled nature of the goods or the appellants' knowledge thereof. The goods, ball bearings, were commonly traded in the market, and the burden of proof lay with the Department to demonstrate illegal smuggling. The absence of consignors or consignees during the investigation did not automatically implicate the appellants in any wrongdoing.

Consequently, due to the absence of evidence proving the smuggled nature of the goods and the appellants' awareness of such, the Tribunal set aside the impugned order and accepted the appeals of the appellants. The decision provided consequential relief to the appellants as permissible under the law, overturning the penalties imposed under Section 112(a) & (b) of the Customs Act.