2009 (12) TMI 839 - AT - Central Excise

Summary

Issues involved: Departmental appeal against order of Commissioner (Appeals) regarding confiscation of excess stock of Gutka and imposition of penalty.

Confiscation of excess stock:
- On 20-7-2005, officers found excess stock of 5285 packets of Gutka during a visit to the factory premises.
- Assistant Commissioner ordered confiscation of the packets valued at Rs. 1,45,338/- but allowed redemption on payment of fine of Rs. One lakh.
- Commissioner (Appeals) set aside the Assistant Commissioner's order.
- Department appealed seeking restoration of original authority's order.
- Commissioner noted discrepancies in the investigation timeline and production activity.
- Commissioner found no evidence contradicting that the seized goods were production on the date of visit.
- Commissioner accepted defense submissions that the goods were day's production and not liable for confiscation.
- Tribunal rejected the appeal by the Department, upholding Commissioner's decision.

Imposition of penalty:
- Assistant Commissioner imposed a penalty of Rs. 97,481/- under Rule 25(1)(b) of the rules.
- Commissioner's order setting aside the confiscation also impacts the penalty imposed.
- Tribunal's rejection of the appeal implies the penalty imposed by the Assistant Commissioner stands nullified.

This judgment by the Appellate Tribunal CESTAT NEW DELHI upheld the decision of the Commissioner (Appeals) regarding the confiscation of excess Gutka stock and the imposition of a penalty. The Tribunal found no grounds to interfere with the factual findings by the Commissioner, who determined that the seized goods were part of the day's production and not liable for confiscation. The appeal by the Department was rejected, affirming the Commissioner's decision.