1990 (9) TMI 208 - AT - Central Excise

Summary

Issues:
1. Confiscation of car under Section 115 of the Customs Act, 1962
2. Penal action under Rules 52A(5) and 209A of the Central Excise Rules, 1944

Detailed Analysis:

Issue 1: Confiscation of car under Section 115 of the Customs Act, 1962
The case involved the appeal against the Collector of Central Excise, Chandigarh's order for the confiscation of a car (DEB 2337) under Section 115 of the Customs Act. The appellant contended that the car was used for bona fide purposes by a textile company and not for transporting contraband goods. The Central Excise Officers allegedly foisted recovery of processed fabrics from the car, leading to a dispute. The appellant argued that the contradictions in the statements of officers and witnesses undermined the credibility of the seizure. The appellant emphasized that the driver's statement was recorded under duress and retracted later. The tribunal found that the department failed to prove that the car was used for transporting contraband or with the knowledge of the owner, leading to the acceptance of the appeal.

Issue 2: Penal action under Rules 52A(5) and 209A of the Central Excise Rules, 1944
The appellant was also facing penal action under Rules 52A(5) and 209A of the Central Excise Rules. However, the tribunal noted that there was no evidence to suggest that the appellants had knowledge or reason to believe that the vehicle would be used for transporting contraband goods. The tribunal highlighted that Rule 52A was not relevant as the appellants were not the manufacturers of the goods in question. Similarly, there was a lack of evidence to establish connivance or knowledge on the part of the appellants regarding the transportation of non-duty paid goods. Ultimately, the tribunal set aside the order for penal action, as the appellants had acted in good faith by lending the car for legitimate use.

In conclusion, the tribunal found that the department failed to establish the grounds for confiscation of the car or imposition of penalties on the appellants. The appeal was accepted, and the order for confiscation and penal action was set aside.