1985 (11) TMI 174 - AT - Central Excise

Summary

Issues: Application under Section 35G of the Central Excises and Salt Act, 1944; Seizure of goods for violation of Central Excise Rules; Confiscation and penalty imposed under Rule 173Q; Appeal against Collector of Central Excise (Appeals) order; Tribunal setting aside Collector of Central Excise (Appeals) order and restoring Deputy Collector's order; Reference application to High Court for specific questions.

Analysis:
1. The case involved an application under Section 35G of the Central Excises and Salt Act, 1944, arising from a dispute regarding the seizure of goods for violation of Central Excise Rules. The inspectors found unaccounted goods in the factory premises, leading to the seizure and subsequent proceedings under Rules 53, 173G(4), and 226 of the Central Excise Rules, 1944. The Deputy Collector ordered the confiscation of the goods valued at Rs. 3,89,419.11 under Rule 173Q(b) and (d), with a penalty imposed under Rule 173Q. The Collector of Central Excise (Appeals) later overturned part of the decision, leading to an appeal by the Collector of Central Excise, Madras, before the Tribunal.

2. The Tribunal, in its order dated 4-3-1985, set aside the order of the Collector of Central Excise (Appeals) and reinstated the Deputy Collector's order with modifications. The Tribunal considered various aspects, including the practice of entering goods in the R.G. 1 account, the invocation of multiple rules simultaneously, and the requirement of establishing mens rea for imposing penalties under Rule 173Q. The Tribunal's decision was based on a detailed analysis of the facts and legal provisions involved in the case.

3. The applicants filed a Reference Application seeking to refer specific questions to the High Court. The Tribunal, after hearing arguments from both sides, decided on the referability of each question. Questions related to the interpretation of Rule 173G, conflict between provisions, and the presence of goods in the factory were deemed not suitable for reference. However, questions concerning mens rea as a necessary ingredient for offenses under Rule 173Q and the application of Rule 173Q(1)(b) to the case were referred to the High Court for further consideration.

In conclusion, the judgment addressed complex issues surrounding the seizure of goods, application of Central Excise Rules, and the imposition of penalties. The Tribunal's detailed analysis and decision to refer specific questions to the High Court demonstrate a thorough examination of the legal and factual aspects of the case, ensuring a comprehensive resolution of the dispute.