2000 (5) TMI 86 - AT - Central Excise

Summary

Issues:
1. Confiscation of seized goods
2. Demand of duty on goods found in shortage
3. Imposition of penalty

Confiscation of Seized Goods:
The case involved the detection of an excess stock of G.I. pipe fittings and a shortage of pig iron at the appellants' factory premises. The jurisdictional Assistant Commissioner had ordered the confiscation of the seized goods, confirmed the duty demand, and imposed a penalty. The appellants contested the show cause notice, arguing that the goods were not accounted for due to the absence of their engineer. The Tribunal noted that there was no evidence of clandestine removal attempts and found the lower authorities' conclusion of goods being kept for clandestine removal unsubstantiated. Relying on previous Tribunal decisions, the Tribunal held that the order of confiscation was not sustainable, as there was no attempt to remove the goods clandestinely.

Demand of Duty on Goods Found in Shortage:
Regarding the shortage of pig iron, the lower authorities confirmed the duty demand based on findings that the goods were cleared without proper records, invoices, procedures, or duty payment. The appellants failed to provide any explanation for the shortage, leading the Tribunal to uphold the lower authorities' decision. The demand of duty on the shortage of inputs was deemed correct, as there was no valid argument presented by the appellants to refute it.

Imposition of Penalty:
The penalty imposed on the appellants under Rule 173Q was reduced from Rs. 50,000 to Rs. 25,000 due to the reversal of the confiscation order. Additionally, a penalty of Rs. 2,000 under Rule 226 was confirmed as the appellants conceded this point in favor of the Department during the hearing. The Tribunal allowed the appeal in part, reducing the penalty and confirming the penalty under Rule 226, providing consequential benefits to the appellants.

In conclusion, the Tribunal addressed the issues of confiscation of seized goods, demand of duty on goods found in shortage, and imposition of penalties, ultimately allowing the appeal in part and providing relief to the appellants based on the findings and legal arguments presented during the proceedings.