1983 (10) TMI 256 - AT - Central Excise

Issues Involved:
1. Confiscation of PVC electric wires.
2. Payment of duty on PVC insulated electric wires.
3. Penalty under Rule 173Q of the Central Excise Rules, 1944.
4. Validity of the Collector (Appeals) order.
5. Reliance on statements of co-accused.
6. Verification of prices of PVC wires and sleevings.
7. Identification of seized coils.

Issue-wise Detailed Analysis:

1. Confiscation of PVC electric wires:
The Deputy Collector ordered the confiscation of various coils of PVC electric wires seized from different premises, including M/s. P.D. Jain & Bros., M/s. Selmor Agencies, M/s. Kapoor Agency, and M/s. Hindustan Electricals. The confiscation was based on the failure to produce these coils as per the bond terms. The appellants argued that the coils seized did not bear any marks or names to identify them as manufactured by the appellants. However, the adjudicating authority found the evidence of the purchasers credible and reliable, establishing that the appellants supplied PVC wires described as PVC sleevings.

2. Payment of duty on PVC insulated electric wires:
The Deputy Collector directed M/s. Power Cable Industries to pay appropriate duty on the PVC insulated electric wires cleared to various agencies without payment of duty under the guise of PVC sleevings. The appellants contended that the transactions were misrepresented and that the duty was not evaded. The adjudicating authority, however, found substantial evidence, including the statements of the purchasers, to conclude that the appellants had indeed cleared the goods without payment of duty.

3. Penalty under Rule 173Q of the Central Excise Rules, 1944:
M/s. Power Cable Industries was subjected to a penalty of Rs. 2,500 under Rule 173Q for the contravention of various rules. The appellants argued that the penalty was unjustified as the findings were based on uncorroborated statements. The adjudicating authority, however, held that the penalty was warranted given the established contraventions.

4. Validity of the Collector (Appeals) order:
The appellants contended that the Collector (Appeals) did not provide a speaking order and failed to consider the grounds urged by the appellants. The Tribunal observed that while the Collector (Appeals) did not discuss each ground separately, the conclusion reached was the same as that of the Deputy Collector. The Tribunal decided not to remand the case for fresh disposal as the entire material was already before them.

5. Reliance on statements of co-accused:
The appellants argued that the Deputy Collector relied on the uncorroborated statements of the co-accused, which was incorrect. The Tribunal clarified that the proceedings before the Deputy Collector were not criminal prosecutions and that the provisions of the Evidence Act or Criminal Procedure Code were not strictly applicable. The statements made by the purchasers were found credible and consistent, and the appellants had the opportunity to cross-examine these witnesses.

6. Verification of prices of PVC wires and sleevings:
The appellants contended that the Central Excise Officers did not verify the prevailing prices of PVC wires and sleevings, which could have shown a significant price difference. The Tribunal found that the appellants did not produce duplicate bills to establish that the prices charged were for sleevings and not wires. The evidence suggested that the appellants described the goods as PVC sleevings while charging the price of PVC wires.

7. Identification of seized coils:
The appellants argued that the coils seized from various traders did not bear any marks to identify them as manufactured by the appellants. The Tribunal noted that the appellants did not have a registered trademark and that the purchasers' statements about keeping the goods received from various firms separately were reasonable and reliable. The Tribunal also addressed the specific case of coils seized from M/s. Hindustan Electricals, Trichur, finding no error in the Deputy Collector's decision.

Conclusion:
After careful consideration of all aspects, the Tribunal found that the order passed by the Deputy Collector and confirmed by the Collector (Appeals) did not suffer from any illegality and was justified based on the facts and circumstances of the case. Consequently, the appeal was dismissed.

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