2005 (6) TMI 197 - AT - Central Excise

Demand - Clandestine removal - Evidence - Confiscation and penalty - Non-accountal of raw materials

Summary

Issues involved: Central Excise duty demand, confiscation of goods, imposition of penalties.

Central Excise duty demand: The Central Excise officers found excess stock of raw materials and finished goods during a visit to the factory premises. A show cause notice was issued proposing confiscation of seized goods and imposition of penalties. The Joint Commissioner confirmed the demand and imposed penalties, which was upheld by the Commissioner (Appeals). The appellant contended that the raw materials seized from the transporter's premises were sent to a job worker, supported by a job worker challan, but this was not considered by the authorities. The appellate tribunal found that benefit should be extended to the appellant due to lack of evidence regarding the purpose of dispatching the consignment for job work.

Confiscation of goods: The authorities concluded that the raw material seized from the transporter's premises was cleared for sale based on a proforma invoice, but failed to consider the job worker's challan provided by the appellant. No further investigation was conducted to verify the appellant's claim of dispatching the raw material for job work. The tribunal held that there was no justification for confiscation of the finished goods as they were still in the factory premises and would discharge the duty obligation at the time of clearance after being entered in the register.

Imposition of penalties: The tribunal set aside the penalties imposed on the other appellants under the Central Excise Rules, 1944, as there was no justification for the penalties based on the findings in the main appeal. The confirmation of duty demand against M/s. Unimark Remedies Ltd. was set aside, confiscation of raw materials was also set aside, and a reduced penalty of Rs. 2,000 was imposed for non-maintenance of records.

In conclusion, the tribunal disposed of all appeals by setting aside penalties imposed on other appellants, setting aside the duty demand against M/s. Unimark Remedies Ltd., setting aside the confiscation of raw materials, and imposing a reduced penalty of Rs. 2,000 for non-maintenance of records.