2010 (3) TMI 52 - HC - Central Excise

Release of seized goods - Cenvat Credit Goods purchased / imported cenvat credit availed subsequently sold after reversal of cenvat credit under rule 3(5) - Inspector of Central Excise, Puducherry proceeded to seize the components to the value of Rs.5,97,71,601/- on the ground that the company had availed credit on the components which could not be considered as inputs for the manufacture in or in relation to the final products and the said inputs were received only for the purpose of selling to the suppliers and therefore, the credit taken is not appropriate. held that - i) On the petitioner furnishing a bank guarantee to the satisfaction of the third respondent for the value of the components seized by the respondents viz., Rs.5,97,71,601/- which should be kept alive till the adjudication process is completed, the third respondent shall release the seized goods as per the annexure to the impugned Mahazar; - ii) On such release, the respondents shall complete the adjudication process initiated against the petitioner company as per the statutory rules, by giving proper opportunity, within a period of three months from the date of furnishing of such bank guarantee and the consequential release of the goods seized, as stated above, however, subject to further right of appeal, if any, available to the petitioner against the said order. - iii) The adjudicating authority shall, without being influenced or untrammeled by the contents of this order, independently decide the issue involved in the matter on merit including the plea of the petitioner that the petitioner company is not liable for any action under the CENVAT Credit Rules.

Summary

Issues Involved:
1. Legality of the seizure of goods by the Central Excise authorities.
2. Applicability of Rule 24 of the Central Excise Rules, 2002, and Rule 15 of the CENVAT Credit Rules, 2004.
3. Petitioner's entitlement to CENVAT credit on components used in manufacturing.
4. Conditions for the release of seized goods pending adjudication.

Detailed Analysis:

1. Legality of the Seizure of Goods by the Central Excise Authorities:
The petitioner challenged the seizure of goods valued at Rs.5,97,71,601/- by the third respondent, arguing that the seizure was contrary to Rule 24 of the Central Excise Rules, 2002, which permits seizure only for goods liable to excise duty. The petitioner contended that the seizure was wrongly effected under Rule 15 of the CENVAT Credit Rules, which only allows for confiscation and penalty after a show-cause notice. The petitioner argued that the seizure was arbitrary and violated Articles 19(1)(g) and 265 of the Constitution of India, as it amounted to an illegal method of tax collection without authority of law.

2. Applicability of Rule 24 of the Central Excise Rules, 2002, and Rule 15 of the CENVAT Credit Rules, 2004:
The respondents justified the seizure under Rule 15(1) of the CENVAT Credit Rules, stating that the petitioner availed credit on inputs not used in its manufacturing unit but for trading purposes, making the goods liable for confiscation. They argued that the CENVAT Credit Rules provide for recovery of wrong credit and penalty, independent of the Central Excise Rules. The respondents also cited Rule 24 of the Central Excise Rules, which allows seizure if there is a belief that goods liable to excise duty have not been paid or were removed to evade duty.

3. Petitioner's Entitlement to CENVAT Credit on Components Used in Manufacturing:
The petitioner claimed that it followed the procedure of sending components on which it availed credit to contract manufacturers for PCB assembly, reversing the credit under Rule 3(5) of the CENVAT Credit Rules. The petitioner argued that it was not required to reverse the credit under Rule 4(5)(a) and that the final products were cleared on payment of duty. The respondents, however, asserted that the petitioner's Puducherry unit did not have the facility to manufacture assembled PCBs and that the components were received for trading, not manufacturing, thus making the credit availed inappropriate.

4. Conditions for the Release of Seized Goods Pending Adjudication:
The respondents stated in their counter affidavit that they had no objection to releasing the seized components if the petitioner executed a bank guarantee to safeguard revenue. The petitioner proposed keeping the CENVAT credit unutilized to the extent of the seized goods' value, but the respondents opposed this, arguing that it would not protect revenue interests. The court, considering the interest of revenue and the petitioner's status as a regular duty payer, directed the release of the seized goods upon the petitioner furnishing a bank guarantee for the value of the goods seized.

Conclusion:
The court concluded that the seizure was a preliminary measure pending adjudication and directed the release of the seized goods upon the petitioner furnishing a bank guarantee. The adjudication process was to be completed within three months, with the adjudicating authority independently deciding the issue on merit, including the petitioner's plea against action under the CENVAT Credit Rules. The writ petition was disposed of with no costs, and the connected miscellaneous petition was dismissed as unnecessary.