2003 (8) TMI 460 - AT - Central Excise

Summary

Issues:
Appeal against order-in-appeal confirming goods confiscation and penalties under Rule 209A.

Analysis:
1. The appeals were filed against the order-in-appeal affirming the confiscation of goods and penalties imposed on the appellants under Rule 209A. The anti-evasion staff conducted a raid on the factory premises and found processed fabrics loaded in a truck with a fake invoice. Additionally, unprocessed fabrics were found unaccounted for. The adjudicating authority issued a show cause notice proposing confiscation and penalties. The Commissioner (Appeals) upheld the order.

2. The Tribunal noted that the confiscation of processed fabrics was not challenged. However, the challenge was against the confiscation of unprocessed fabric. The Tribunal accepted the argument that unprocessed fabric, not required to be entered in the statutory record at that time, should not have been confiscated. The seized unprocessed fabric was intended for processing, and its confiscation was not justified under the law.

3. The Tribunal reviewed the redemption fine imposed for both finished and unfinished goods. Considering only the confiscation of finished goods was valid, the redemption fine was reduced to Rs. 10,000. The penalty of Rs. 25,000 on appellant No. 1 was reduced to Rs. 15,000 due to the circumstances. The penalty of Rs. 10,000 on appellant No. 2 was upheld. The impugned order was modified accordingly.

4. In conclusion, the appeals were disposed of with modifications to the penalties and redemption fine. The confiscation of unprocessed fabric was deemed unjustified, leading to adjustments in the penalties and redemption amount.