2016 (11) TMI 157 - AT - Central Excise

Redemption fine - Penalty - Seizure of goods and cash - Held that - the entire case of the Revenue is based upon the fact that Paris Special filter branded cigarettes recovered from the appellants premises who is a trader of various products are non-duty paid Cigarettes, However, investigations made by the Revenue could not find out the manufacturer of Cigarettes in question - in the absence of identification of the manufacturer of the Cigarettes, the allegations of clearance of same without duty payment cannot be upheld thus leading to confiscation of the goods or to imposition of penalty - Appeal allowed.

Summary

Issues:
Confiscation of cigarettes, imposition of penalty under Rule 26 of the Rules, identification of manufacturer, duty payment verification.

Confiscation of Cigarettes:
The appeal challenged the confiscation of 'Paris Special filter' branded cigarettes valued at ?10,64,000 with a redemption fine option of ?2,66,000 and a penalty of ?2,50,000 imposed under Rule 26 of the Rules. The appellant, a trader, had purchased the cigarettes from a supplier in Raipur, but the manufacturer's identity remained unknown. The Revenue alleged that the cigarettes were cleared without duty payment, leading to the confiscation and penalty. However, the appellate tribunal found that without identifying the manufacturer, the assumption of duty evasion was unfounded. The tribunal cited a previous case to support the appellant's argument, emphasizing the lack of evidence against the appellant.

Identification of Manufacturer:
The key issue revolved around the inability to identify the manufacturer of the cigarettes in question. Despite efforts by the Revenue, the manufacturer remained unidentified, leading to a lack of concrete evidence supporting the claim of duty evasion. The tribunal emphasized that without establishing the manufacturer's involvement in duty evasion, confiscation and penalty imposition could not be justified. The appellant's contention that the goods were market-available and presumed duty paid due to the manufacturer's anonymity was deemed valid.

Duty Payment Verification:
The case highlighted the importance of verifying duty payment on goods, especially in the absence of clear evidence linking the appellant to duty evasion. The tribunal noted that the Revenue's case was solely based on the assumption that the seized cigarettes were non-duty paid, without concrete proof of the manufacturer's involvement in evasion. The tribunal's decision to set aside the confiscation and penalty was based on the lack of substantiated claims against the appellant and the failure to establish duty evasion due to the unidentified manufacturer.

In conclusion, the appellate tribunal ruled in favor of the appellant, setting aside the impugned order of confiscation and penalty imposition due to the lack of evidence linking the appellant to duty evasion, primarily stemming from the unidentified manufacturer. The tribunal emphasized the necessity of concrete proof in cases of duty evasion and upheld the appellant's argument based on the absence of manufacturer identification.