1997 (8) TMI 230 - AT - Central Excise

Summary

Issues:
1. Seizure of M.S. Scrap without proper documentation.
2. Discrepancies in maintaining records and duty exemption claims.
3. Charges against the purchaser of seized goods.
4. Imposition of redemption fine and personal penalty.

Analysis:

Issue 1: Seizure of M.S. Scrap without proper documentation
The case involved the seizure of M.S. Scrap from a Tempo vehicle and a factory without proper documentation. The Preventive Officers intercepted the vehicle carrying scrap without an excise Gate Pass. Additionally, a quantity of scrap found in the factory was also seized as it was not accounted for in the RG 1 Register. The appellants contended that the scrap was exempt from duty under a specific notification. However, the authorities rejected their defense, citing discrepancies in their statements and records. The lower authorities upheld the seizure and penalties.

Issue 2: Discrepancies in maintaining records and duty exemption claims
The appellants argued that they believed scrap generated from non-modvatted items was duty-exempt. They further explained that certain types of scrap accumulated over time and could not be recorded daily. However, the authorities found discrepancies in the statements provided by the appellants' representatives and upheld the confiscation and penalties under Rule 173Q for removal of goods in contravention of Central Excise Rules. The Tribunal found no merit in the appellants' submissions and confirmed the lower authorities' decision.

Issue 3: Charges against the purchaser of seized goods
In an inter-connected appeal, the purchaser of the seized scrap was charged under Rule 209A for acquiring possession of excisable goods liable for confiscation. The adjudicating officer imposed a redemption fine and a personal penalty on the purchaser, which was confirmed by the Collector (Appeals). The purchaser's representative argued for leniency considering the appellant's limited resources. The Tribunal referred to a previous case and set aside the redemption fine, stating that goods released provisionally against bond cannot be confiscated with an option to redeem on payment of a fine.

Issue 4: Imposition of redemption fine and personal penalty
Regarding the quantum of penalty imposed on the purchaser, the Tribunal considered the appellant's financial circumstances and reduced the penalty from Rs. 5000.00 to Rs. 500.00, stating that it would meet the ends of justice. The Tribunal upheld the rest of the impugned order while setting aside the redemption fine imposed on the purchaser. The appeals were disposed of accordingly, with modifications to the penalties imposed on the parties involved.