1985 (3) TMI 253 - AT - Central Excise

Summary

Issues Involved:

1. Confiscation of goods and imposition of redemption fine.
2. Imposition of penalty for lapses under various Central Excise Rules.
3. Determination of excise duty and assessable value of goods.

Summary:

Confiscation of Goods and Imposition of Redemption Fine:

The appellants were found to have crossed the exemption limit of Rs. 5 lakhs u/s Notification No. 71/78, dated 1-3-1978 on 14-9-1979 and had not maintained proper records for Patent and Proprietary Medicines. Consequently, goods worth Rs. 1,94,014.29 were seized from the factory store room and goods worth Rs. 1,36,049.80 were seized from various premises. The Collector of Central Excise confiscated these goods but allowed clearance on payment of fines. The Central Board of Excise and Customs reduced these fines, and the Tribunal further reduced the fine in lieu of confiscation of goods from Rs. 10,000/- to Rs. 2,000/-.

Imposition of Penalty for Lapses:

The appellants admitted lapses but claimed no mala fide intention to evade duty, attributing the mistakes to ignorance by their Plant Manager. Despite depositing Rs. 27,000/- in the Treasury, the PLA account was not debited. The Collector imposed a penalty of Rs. 5,000/- under Rules 9(2), 52-A, 226, and 173-Q of the Central Excise Rules, 1944. The Tribunal, referencing the Supreme Court's decision in Hindustan Steel Mills Ltd. v. State of Orissa, held that penalty is not justified without deliberate intention to evade duty. Consequently, the penalty of Rs. 5,000/- was set aside.

Determination of Excise Duty and Assessable Value of Goods:

The excise authorities were directed to determine the correct assessable value of the goods for the purposes of excise duty as per the impugned order passed by the Central Board of Excise & Customs, New Delhi.

Conclusion:

The appeal was partly accepted with the following orders:
(i) Fine in lieu of confiscation of goods valued at Rs. 1,94,014.29 remains Rs. 1,000/-.
(ii) Fine in lieu of confiscation of goods valued at Rs. 4,315.20 and Rs. 1,36,049.80 reduced to Rs. 2,000/-.
(iii) Penalty of Rs. 5,000/- set aside.

The appeal was disposed of accordingly.