2008 (7) TMI 127 - AT - Central Excise

Clandestine removal of goods allegation of non-payment of duty seizure of goods along with vehicle goods not entered in assessee s accounts no any statutory transport document - appellants admitted clandestine activity confiscation, redemption fine, penalty and interest is upheld

Summary

Issues:
1. Duty evasion and non-compliance with central excise formalities by M/s. Sivasakthi Textiles.
2. Confirmation of duty demand, penalty imposition, and confiscation of seized goods by Dy. Commissioner.
3. Appeal before Commissioner (Appeals) and benefit allowed under Section 4(4)(d)(ii).
4. Grounds of appeal challenging penalty, interest, and fine imposition.
5. Legal precedents cited regarding penalty and interest liability.
6. Analysis of the case records, seizure of goods, and clandestine clearance admission.
7. Justification of confiscation, redemption fine, interest demand, and penalty imposition.
8. Dismissal of the appeal by the Appellate Tribunal CESTAT, CHENNAI.

Analysis:
1. The case involves M/s. Sivasakthi Textiles clearing 'grey cotton fabrics' without duty payment and central excise formalities, leading to a detailed investigation following the interception of a non-duty paid consignment. The Dy. Commissioner confirmed a duty demand of Rs. 3,18,438/-, penalty under Section 11AC, and confiscation of seized goods, which was appealed before the Commissioner (Appeals). The Commissioner allowed benefit under Section 4(4)(d)(ii) in the impugned order.

2. The grounds of appeal contested the penalty, interest, and fine imposition based on legal precedents indicating no penalty or interest liability if duty evasion was rectified before the show cause notice issuance. The argument also challenged the seizure and confiscation of goods, stating they were not liable as they were seized from inside the factory.

3. The ld. SDR referred to judgments post-amendment of sub-section 11A(2)(B) of the Act, emphasizing that payment of duty liability before show cause notice did not absolve from penalty and interest. Citing judgments from Bombay and Punjab & Haryana High Courts, it was highlighted that previous judgments pre-amendment were not applicable to intentional evasion cases post-amendment.

4. The analysis of case records revealed the seizure of goods without statutory transport documents, undisclosed finished goods in accounts, and admission of clandestine clearance. The circumstances supported the conclusion of intending to clear goods without duty payment, justifying confiscation. The value of confiscated goods, redemption fine, interest demand, and penalty imposition were deemed reasonable, leading to the dismissal of the appeal by the Appellate Tribunal CESTAT, CHENNAI.