2006 (11) TMI 412 - AT - Central Excise

Summary

Issues: Confiscation of grey fabrics, confiscation and penalty on processed fabrics, penalties imposed on directors, liability for duty evasion.

Confiscation of Grey Fabrics: The appellant, a processor of grey fabrics, faced confiscation of over 98,000 meters of grey fabrics due to irregularities found during a visit by Central Excise officers. The Tribunal found that no duty liability had arisen in the hands of the appellant for the grey fabrics, as they were not properly entered in the appellant's records, deeming the confiscation unjustified. However, the confiscation of over 22,000 meters of processed fabrics was upheld, as these fabrics had become liable to duty upon processing and were removed without payment of duty, justifying their confiscation and the imposition of penalties.

Confiscation and Penalty on Processed Fabrics: The processed fabrics, amounting to over 22,000 meters, were found to have been removed without paying duty, leading to their confiscation and the imposition of penalties. The Tribunal deemed this confiscation and penalty entirely justified, as the fabrics had become liable to duty upon processing and could not have been removed without payment of duty.

Penalties Imposed on Directors: The issue of penalties imposed on the directors of the appellant arose, with the appellant arguing that once the main party had no penalty liability, penalties could not be imposed on other associated parties. The Tribunal agreed with this argument, setting aside the penalties imposed on the directors, as the main party's penalty had been annulled and no appeal was filed by the Revenue against that decision.

Liability for Duty Evasion: The Tribunal examined the liability for duty evasion in detail, concluding that while the confiscation of grey fabrics was not justified due to the absence of duty liability, the confiscation and penalties related to the processed fabrics were deemed lawful. The Tribunal emphasized that procedural lapses, such as failure to enter items in the books of account, did not warrant confiscation, but removal of processed fabrics without paying duty constituted a clear offence, justifying the penalties and confiscation.

In the final judgment, the Tribunal allowed the appeal regarding the confiscation of grey fabrics and the imposition of fines for their redemption. However, the appeal failed concerning the processed fabrics. The penalties imposed on the directors were set aside, as the main party's penalty had been annulled, and no appeal was filed against that decision.