2017 (7) TMI 238 - AT - Central Excise

Clandestine manufacture and removal - confiscation - redemption fine - penalties u/r 25/26 of CER, 2002 - Held that - from the identity of the goods it cannot be established that the said goods were cleared without payment of duty by Ravi Raj Processors as the goods did not bear any marking indicating any relationship with Ravi Raj Processors. There is no inculpatory statement of any of the person of the appellant admitting the charge of the department that the goods were supplied by Ravi Raj Processors - Revenue could not establish beyond doubt that the goods seized in the premises of the present appellants were cleared Ravi Raj Processors without payment of duty. In the absence of any such evidence the goods were not liable for confiscation and consequentially no redemption fine and penalty was warranted - appeal allowed - decided in favor of appellant.

Summary

Issues:
Appeal against order-in-appeal for confiscation of goods and penalties under Central Excise Rules, 2002.

Detailed Analysis:
The case involved appeals against an order-in-appeal where goods seized in the premises of three companies were confiscated and penalties imposed under Central Excise Rules. The investigation stemmed from alleged clandestine removal by an independent textile processor, leading to follow-up investigations with the appellants. The department claimed that goods found with the appellants were manufactured and cleared clandestinely by the processor, justifying confiscation and penalties. The adjudicating authority confirmed the charges, which were upheld by the Commissioner (Appeals), prompting the appellants to file further appeal.

The consultant for the appellants argued that there was no evidence linking the seized goods to the processor. They presented evidence indicating the goods belonged to other parties, challenging the department's claim. For each company, specific arguments were made to refute the allegations. The lack of incriminating statements or markings on the goods supporting the department's case was highlighted. The consultant contended that without concrete evidence, confiscation, redemption fines, and penalties were unjustified.

Upon careful consideration, the judicial member found that the department's case relied heavily on presumption rather than concrete evidence. The absence of incriminating statements or markings linking the goods to the processor weakened the department's argument. Evidence presented by the appellants suggesting the goods belonged to other parties further discredited the department's claims. The member emphasized that the burden of proof lay with the revenue, and without establishing a clear link to the processor, confiscation and penalties could not be upheld.

Consequently, the judicial member ruled in favor of the appellants, setting aside the impugned order and allowing the appeals. It was held that the revenue failed to prove beyond doubt that the seized goods were cleared by the processor clandestinely. The lack of substantial evidence led to the dismissal of confiscation, redemption fines, and penalties. The decision also rendered the penalty imposed on one of the directors unsustainable due to the lack of established charges against the company.

In conclusion, the judgment favored the appellants by emphasizing the importance of concrete evidence in establishing claims of clandestine removal and justifying confiscation and penalties under Central Excise Rules. The lack of incriminating evidence linking the goods to the processor proved pivotal in overturning the initial order-in-appeal.