1981 (6) TMI 126 - Board - Central Excise

Summary

Issues:
1. Appeal against confiscation of barges and imposition of penalty for clearing them without payment of Central Excise duty.
2. Misunderstanding regarding duty liability on barges used by the appellant.
3. Deposit made by the appellant towards duty liability.
4. Allegations of clandestine clearance and suppression of information.
5. Penalty imposition by the Collector.
6. Orders of confiscation of the barges.

Analysis:
1. The appeal was made against the Collector of Central Excise, Bombay, confiscating the appellant's barges and imposing a penalty for clearing them without paying Central Excise duty. The appellant argued that there was a misunderstanding regarding the duty liability on the barges they used themselves, assuming they were not dutiable. They cited instances of paying duty on sold barges in India and exported barges to support their contention.

2. The appellant manufactured six barges for commercial use in Bombay Port, believing that unsold barges were not liable for Central Excise duty under Item 68. They had paid duty for exported and sold barges, demonstrating a genuine misunderstanding. Upon realizing their mistake, they promptly deposited the approximate duty amount. The appellant maintained that there was no suppression of information during the manufacturing process, as they were transparent with government agencies and disclosed details in their balance sheet.

3. The Board acknowledged the appellant's confusion regarding the duty liability on the barges and accepted their deposit as evidence of good faith. They found no evidence of clandestine clearance or intentional suppression of information, leading them to conclude that no penalty should be imposed on the appellant. The Board set aside the penalty imposed by the Collector.

4. Despite recognizing the appellant's good intentions, the Board upheld the confiscation of the barges due to the contravention of the Act and Rules. However, they decided to reduce the fine in lieu of confiscation from Rs. 1 lakh to Rs. 6,000, showing leniency towards the appellant. The Board modified the Collector's orders accordingly, maintaining the confiscation but reducing the fine significantly.