2014 (4) TMI 374 - AT - Central Excise

Waiver of pre deposit - Confiscation of goods - Held that - Indian currency belonging to M/s. Elpar Electricals P. Ltd. stand absolutely confiscated by adjudicating authority. We also further note that appellants final product worth Rs.10 lakhs stand confiscated and the appellants gives an undertaking not to redeem the same during pendency of the appeal. As such, same gives sufficient security for demands in question. At this stage, by taking into consideration the statement of learned advocate that duty liability if at all would be around Rs.6.5 lakhs, we direct the applicant M/s. Elpar Electricals to deposit further amount of Rs.3.25 lakhs within a period of 12 weeks - Conditional stay granted.

Summary

Issues:
- Pre-deposit of duty and penalty
- Recovery of raw material and currency during search
- Imposition of penalties on various appellants
- Allegations of clandestine activities and clandestine clearance
- Confiscation of goods and currency
- Security against the demand

Pre-deposit of duty and penalty:
The appellant sought dispensation of the pre-deposit condition of duty amounting to Rs. 25,08,703 confirmed against the company along with an identical penalty. The appellant argued that the case was based on the recovery of raw material slips from the director's premises, which were of a different year than the duty period in question. They contended that the raw materials were either returned as defective or used in the final product cleared after duty payment. The Tribunal directed the appellant to deposit a further amount of Rs. 3.25 lakhs within 12 weeks, considering the duty liability to be around Rs. 6.5 lakhs, and waived the pre-deposit of the remaining amount.

Recovery of raw material and currency during search:
During a search at the director's residence, raw material slips and Indian currency were found. Investigations revealed inculpatory slips from a dealership showing procurement of goods manufactured by the company. The appellant argued that the recovery of the slips from different years had no implications on the case, as the materials were either returned or used in final products. The Tribunal noted the confiscation of the currency and excess goods worth Rs. 10 lakhs, which acted as security against the demands in question.

Imposition of penalties on various appellants:
Penalties of varying amounts were imposed on the appellants, including the directors of the company and dealers, based on the alleged clandestine activities and clandestine clearances. The Revenue relied on statements from the dealers and recovered slips to support their findings. The Tribunal considered the statements and confiscated goods as evidence of clandestine activities, leading to the imposition of penalties.

Allegations of clandestine activities and clandestine clearance:
The adjudicating authority found evidence of clandestine activities, supported by excess goods in records and statements from involved parties. The statements indicated clandestine clearances by the company, leading to the confirmation of demands and penalties. The Tribunal upheld the findings based on the available evidence and statements provided during the proceedings.

Confiscation of goods and currency:
The Indian currency belonging to the company was confiscated, along with excess goods worth Rs. 10 lakhs. The company gave an undertaking not to redeem the confiscated goods during the appeal, which the Tribunal considered as sufficient security against the demands. The confiscated goods and currency were to act as security until the appeal was resolved.

Security against the demand:
The confiscated goods and currency were deemed as security against the demands raised by the Revenue. The Tribunal directed the company to deposit a specific amount within a specified period, considering the duty liability, and waived the pre-deposit of the remaining amount for the other appellants. Compliance was to be ascertained at a later date, and all stay petitions were disposed of accordingly.