1974 (8) TMI 100 - HC - Central Excise

Summary

Issues:
Challenge to order of Central Excise Authorities seizing and sealing petitioner's plant, machinery, and motor without show cause notice or representation.

Analysis:
The petitioner, a partnership firm engaged in manufacturing excisable items, had its machinery seized and sealed by Central Excise Authorities without prior notice or representation. The seizure was made under section 110 of the Customs Act read with rule 173Q of the Central Excise Rules. The petitioner contended that the seizure of immovable properties, specifically the machinery fixed to the earth, was not permissible under the mentioned provisions. The petitioner argued that the term "goods" under section 110 of the Customs Act does not include immovable property, as defined in the General Clauses Act. The respondents failed to justify that the seized machinery, being permanently fixed to the earth, constituted movable property within the meaning of the Customs Act.

The Court analyzed the provisions of section 110 of the Customs Act and rule 173Q of the Central Excise Rules. It noted that while rule 173Q allows for confiscation of property, it does not explicitly authorize the seizure of property not liable to confiscation. The Court emphasized that confiscation can only occur after adjudication establishing contravention with intent to evade duty, a process not completed in this case. As such, the Court concluded that the seizure of the petitioner's plant, machinery, and motor was not warranted under either section 110 of the Customs Act or rule 173Q of the Central Excise Rules. The Department's attempt to justify the action under rule 173Q was deemed insufficient as it did not apply to the situation at hand.

In the final judgment, the Court ruled in favor of the petitioner, directing the respondents to release the seized plant, machinery, and motor. However, the Department was permitted to continue with adjudication proceedings. The petitioner was also awarded costs for the petition. The judgment highlighted the separation between seizure and confiscation under the Customs Act and emphasized the necessity for proper adjudication before confiscatory actions are taken.