2005 (12) TMI 483 - AT - Central Excise

Summary

Issues:
1. Confiscation of goods and imposition of penalty.
2. Duty liability on branded goods and own manufactured goods.
3. Exemption limit for Small Scale Unit.

Analysis:
The case involved the appellant, a Small Scale Unit manufacturing Super Enamelled Copper Wire, where Central Excise Officers found goods manufactured as branded items of another company during a visit to the factory. The Officers seized the goods and initiated proceedings through a show cause notice proposing confiscation and penalty. The Assistant Commissioner later passed an order confiscating the goods with an option to redeem on payment of a fine and imposed a penalty, along with confirming a duty demand. The Commissioner (Appeals) upheld this order.

The main issue raised by the appellant was the duty confirmation on both branded and own manufactured goods, arguing that being a Small Scale Unit within the exemption limit, no duty was applicable to their own goods. They contended that duty on branded goods should be paid at clearance, and since all goods were within the factory premises, no offense was committed to warrant confiscation or penalty. The Tribunal, after considering the submissions and the facts, agreed with the appellant's arguments. It was acknowledged that the appellant's sales were below the exemption limit, and the branded goods were manufactured for the first time. Consequently, the Tribunal held that the appellant's own goods were duty-exempt, and duty on branded goods should be paid at clearance. The Tribunal also found no justification for the confiscation of goods or imposition of a penalty, thus setting aside the impugned order. However, it was clarified that duty on branded goods must be paid at clearance if not already done. The appeal was disposed of accordingly.