1994 (11) TMI 242 - AT - Central Excise

Summary

Issues:
1. Whether confiscation and penalty under Central Excises and Salt Act can be sustained for contravention of the provision of law in respect of levy and collection of additional duties of excise.
2. Entitlement of M/s. Motley Industries (P) Ltd. to any consequential relief.

Analysis:

Issue 1:
The case involved the confiscation and penalty imposed on processors of fabrics for short-levy of duty and false entries in statutory records. The Tribunal set aside the confiscation and penalty based on a Delhi High Court judgment stating that there is no mandate in the Additional Duties of Excise Act for confiscation or levy of penalty. The Revenue argued that all provisions of the Central Excise Act and Rules, including those for confiscation and penalty, are applicable to the Additional Duties Act. However, the Court negated this argument, emphasizing that penal liability cannot be created by implication and provisions for penalty must be explicit. The High Court's decision was supported by the Supreme Court's ruling in Ujagar Prints case, which clarified the meaning of "levy" and the absence of a charge in the nature of penalty in the Additional Duties Act.

Issue 2:
The Respondent's advocate highlighted that the issue had already been settled by the Delhi High Court and no substance existed in the Revenue's application for reference. The Court, after considering the arguments from both sides, found that the Delhi High Court had thoroughly analyzed the relevant provisions and case laws, including the Supreme Court's decisions. The Court agreed with the High Court's interpretation that the provisions of the Central Excises Act were not automatically incorporated into the Additional Duties Act. The judgment also noted that the Section in question had been amended to include penal provisions of the CESA, 1944 within its scope post the case's occurrence. Ultimately, the Court concluded that no question of law arose for reference to the High Court and rejected the application.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues involved and the reasoning behind the Tribunal's decision.