2004 (9) TMI 513 - AT - Central Excise

Summary

Issues:
Penalty imposition for issuing modvatable invoices illegally in excisable goods trading.

Analysis:
The appeal was filed against an order-in-appeal upholding a penalty of Rs. 10,000 on the appellants for issuing modvatable invoices illegally. Despite the absence of representation from the appellants, the case proceeded. The appellants contended that the goods were purchased under transit sale, implying the sale was made by the manufacturer. However, it was established that the goods were purchased from a non-registered dealer who was not the manufacturer. The appellants were penalized under Rule 25 of the Central Excise Rules, 2002 for issuing modvatable documents illegally to a third party. The judgment cited precedents to support the decision, emphasizing that the appellants could not be considered purchasers from the manufacturer due to the intermediary involved in the transaction.

The Tribunal rejected the appellants' plea and upheld the penalty, finding no illegality in the impugned order. The decision was based on the fact that the appellants had issued modvatable documents illegally, as they were not direct purchasers from the manufacturer. The judgment distinguished the case from previous rulings cited by the respondents, emphasizing the specific circumstances of the transaction. Ultimately, the appeal was dismissed, affirming the penalty imposed on the appellants for violating the Central Excise Rules.