2008 (1) TMI 277 - AT - Central Excise

Tribunal in it s order not recording any finding on the confiscation of land, plant, building, machinery, etc. - applicants is correct in pointing out that Rule 173Q(2) providing for confiscation of land, plant, building. machinery, etc., was deleted from the statute w.e.f. 12-5-2000 under the Notification 38/2000 and, therefore, show cause notice proposing such confiscation is bad - error apparent from the record application for rectification of mistake is allowed confiscation is set aside

Summary

The Appellate Tribunal CESTAT, Mumbai rectified an error in a previous order regarding the confiscation of assets under Rule 173Q of the Central Excise Rules, 1944. The Tribunal set aside the confiscation as the rule had been deleted from the statute, allowing the applicants to redeem the assets by paying a fine. The Tribunal allowed the applicants' application.