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2005 (10) TMI 459 - AT - Central Excise
Issues:
Confiscation of gold biscuits and imposition of penalty. Confiscation of Gold Biscuits: The case involved the confiscation of three gold biscuits seized from the appellants' premises on suspicion of being smuggled goods. The appellants provided purchase bills for the gold biscuits, indicating legal acquisition. The dispute centered on the weight of the seized gold not matching the weight on the purchase bills. The department argued that the weight difference was significant, justifying confiscation. However, the appellants contended that the weight difference should not lead to confiscation, citing precedents. The Tribunal examined the bills and the seized gold weights, finding that the genuine transactions were not disputed. Notably, the sellers confirmed the sale of the gold to the appellants, supporting the legality of the acquisition. The Tribunal emphasized that the purchase bills were not disputed as genuine transactions, leading to the conclusion that the confiscated gold was lawfully procured. The absence of evidence indicating smuggling or illegal acquisition led to the decision to set aside the confiscation. Imposition of Penalty: The Commissioner (Appeals) had reduced the penalty imposed on the appellants while upholding the confiscation of three gold biscuits. The appellants argued that the penalty reduction was insufficient, emphasizing the legality of the gold acquisition. The Tribunal's analysis of the case focused on the legality of the gold procurement, which was supported by documented transactions and statements from sellers. As the legality of the gold acquisition was established, the Tribunal concluded that the penalty imposed should also be reconsidered. Ultimately, the Tribunal set aside the Commissioner (Appeals) order, allowing the appeals with any consequential relief under the law. The decision highlighted the importance of proving legal acquisition and the lack of evidence supporting the allegations of smuggling or illegal possession.
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