1989 (6) TMI 203 - AT - Central Excise

Summary

Issues Involved:

1. Denial of the principles of natural justice.
2. Identity of the goods.
3. Applicability of Section 113(i) of the Customs Act.
4. Liability of the whole consignment to confiscation.
5. Responsibility and liability of the appellants for the consignment and imposition of penalties.

Detailed Analysis:

1. Denial of the Principles of Natural Justice:

The appellants argued that they were denied access to relevant documents, violating the principles of natural justice. The tribunal found that the department had shown willingness to provide access to the documents through a letter dated 3-8-1988, inviting the appellants to inspect and take copies of relevant documents. The appellants did not avail this opportunity and continued to reiterate their demand. The tribunal concluded that the appellants were not denied access and that their claim of violation of natural justice was unfounded.

2. Identity of the Goods:

The appellants contended that there was a discrepancy in the identification of the goods, as the Panchnama mentioned 'D' shed while the show cause notice and order-in-original referred to 'E' shed. The tribunal noted that the appellants did not dispute the identity of the goods at any prior stage and had claimed ownership of the goods during the proceedings. The tribunal rejected the plea, affirming that the goods seized under the Panchnama were the same for which the show cause notice was issued and the adjudication proceedings were conducted.

3. Applicability of Section 113(i) of the Customs Act:

Section 113(i) of the Customs Act deals with the confiscation of goods entered for exportation under a drawback claim that do not correspond with the entry made. The tribunal found that the shipping bills were filed on 20-8-1987 with a declaration of truth, and the consignment was brought to the port shed. The goods were examined and found to contain only 250 TV sets out of 1185 cartons, with the rest containing hay and bricks. The tribunal concluded that the case fell squarely within the ambit of Section 113(i) as the goods did not correspond with the entry made under the Act.

4. Liability of the Whole Consignment to Confiscation:

The appellants argued that only 250 TV sets were found as per the shipping bills and should not be confiscated. The tribunal noted that the 250 TV sets were intermingled with cartons containing hay and bricks and did not correspond to the entry made. The tribunal held that the entire consignment was liable for confiscation under Section 113(i) of the Customs Act.

5. Responsibility and Liability of the Appellants:

The tribunal found that Mr. Muchandi's statements, corroborated by other evidence, clearly implicated both appellants in the conspiracy to defraud the government. The tribunal rejected the plea that the statements of a co-accused cannot be accepted without corroboration, noting that other witnesses and documents supported Mr. Muchandi's statements. The tribunal also dismissed the argument that the appellants could not be penalized without issuing a show cause notice to the company, stating that the individuals' active roles were clearly established. The tribunal upheld the imposition of personal penalties, considering the severity of the attempted fraud.

Conclusion:

The tribunal rejected the appeals, affirming the order of absolute confiscation of the consignment and the imposition of personal penalties on the appellants. The tribunal found no merit in the arguments presented by the appellants and concluded that the adjudicating authority had acted justly and fairly.