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2005 (11) TMI 279 - AT - Central Excise
Issues:
1. Confiscation of goods for alleged duty evasion. 2. Discrepancy in description of goods seized from trucks. 3. Allegation of double duty imposition by Revenue. Analysis: 1. The appellant challenged the order-in-appeal by the Commissioner (Appeals) regarding the confiscation of goods and imposition of penalty for clearing alloy steel without duty payment. The officers intercepted trucks carrying goods described as non-alloy steel, later found to be alloy steel. A shortage of alloy steel was also discovered during physical verification. The Director admitted the oversight in the invoice description. Duty was demanded for the shortage and the confiscated goods were allowed redemption on payment of a fine, with a personal penalty imposed. 2. The appellant argued that Revenue did not take samples from seized goods to prove alloy steel content, as samples were from factory stock. They requested fresh sampling from seized goods. Additionally, they disputed the lack of actual weighment to determine product shortage. The appellant contended that if goods seized from trucks were alloy steel, the shortage should be adjusted against them to avoid double duty imposition. 3. The Revenue countered that samples were indeed taken from seized goods, supported by the Director's statement. The chemical examiner confirmed the alloy steel nature of the samples. Regarding physical verification, the Director's satisfaction with the process was highlighted to justify the impugned order. 4. The judgment upheld the confiscation based on the discrepancy in goods description and the confirmation of alloy steel content through chemical examination of seized samples. However, it noted that demanding duty for both seized goods and factory shortage would result in double duty imposition on the same goods. Consequently, the demand for duty on the 15.022 MT shortage was deemed unsustainable. The appeal was disposed of accordingly, with the impugned order upheld except for the double duty imposition issue.
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