2016 (6) TMI 1278 - AT - Central Excise

Imposition of redemption fine - personal penalties - According to the appellant, the show cause notice was not issued within six months from the date of seizure of goods, and consequently as per the provisions of Section 110(a) of the Customs Act, 1962, the goods ought to have been automatically released - Held that - appellants had already discharged the duty liability along with 25% penalty, I am of the view that ends of justice will be met, if redemption fine imposed on the appellant is reduced. Therefore, redemption fine is reduced from ₹ 5 lakhs to Rs. l lakh, which shall be paid forthwith by the appellant - With regard to imposition personal penalties on the employees, the same can be also reduced. Thus the penalties imposed on Shri Suresh Jain and Shri Mahavir Jain are reduced to ₹ 15,000/- each - appeal allowed in part.

Issues:
- Imposition of redemption fine and personal penalties
- Applicability of Section 110 of the Customs Act, 1962
- Confiscation of goods under Rule 25 of the Central Excise Rules, 2002
- Reduction of redemption fine and personal penalties

Imposition of Redemption Fine and Personal Penalties:
The appellants did not contest the duty liability but challenged the imposition of redemption fine and personal penalties. They argued that the show cause notice was not issued within six months from the date of seizure of goods, as required by Section 110(a) of the Customs Act, 1962. They contended that since the goods were in the custody of the Department, confiscation was not justified, and hence, no redemption fine should be imposed. The Tribunal considered the arguments and reviewed the records presented by both sides.

Applicability of Section 110 of the Customs Act, 1962:
The Tribunal examined the provisions of Section 110 of the Customs Act, 1962, which require the issuance of a notice within six months from the date of seizure of goods. It was noted that Section 12 of the Central Excise Act, 1944 allows the adoption of Customs Act provisions for Central Excise matters. The Tribunal highlighted that the show cause notice in this case was issued under the Central Excise Act, 1944, alleging contravention of its provisions. While Section 110 of the Customs Act applies to cases involving seizure and release of goods, the Tribunal found it rightly applicable in this situation concerning the seizure of excisable goods.

Confiscation of Goods under Rule 25 of the Central Excise Rules, 2002:
The Tribunal discussed Rule 25 of the Central Excise Rules, 2002, which provides for confiscation of goods and penalties for contravention of Central Excise provisions. It was emphasized that these rules can be invoked regardless of whether the goods were seized under Section 110 of the Customs Act. In this case, the show cause notice invoked the provisions of the Central Excise Act, and confiscation of goods was found to be in accordance with the Central Excise statute.

Reduction of Redemption Fine and Personal Penalties:
After considering the facts and circumstances of the case, the Tribunal decided to reduce the redemption fine imposed on the appellant from Rs. 5 lakhs to Rs. 1 lakh. The appellant was directed to pay the reduced fine promptly. Additionally, the personal penalties imposed on two employees were also reduced to Rs. 15,000 each. The Tribunal concluded the appeals by disposing of them in accordance with the reduced fines and penalties.

This comprehensive analysis of the judgment addresses the issues of imposition of redemption fine and personal penalties, the applicability of Section 110 of the Customs Act, 1962, the confiscation of goods under Rule 25 of the Central Excise Rules, 2002, and the subsequent reduction of redemption fine and personal penalties based on the Tribunal's assessment of the case.

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