1999 (1) TMI 121 - AT - Central Excise

Summary

Issues involved: Appeal against order of Commissioner of Central Excise (Appeals) regarding confiscation of unaccounted goods and imposition of penalty under Central Excise Rules.

Details of the Judgment:

Issue 1: Confiscation of unaccounted goods
The appellants, engaged in manufacturing resistance wire, had 747.715 kgs. of Kanthal L.T. hardwire found unaccounted for in their factory premises. The Central Excise Officers seized the goods as they were in excess of recorded quantity. Show cause notice was issued for confiscation u/r 173Q and penalty u/r 226. The Assistant Commissioner ordered confiscation but allowed redemption on payment of fine. The Commissioner (Appeals) confirmed the confiscation but disagreed on contravention of Rule 49(4) due to its omission. The Tribunal noted conflicting decisions on redemption fine justification if goods were unaccounted for in RG 1 Register.

Issue 2: Imposition of penalty
While Rule 173Q allows confiscation for contravention with intent to evade duty, penalty imposition should consider gravity of the offence. The Tribunal highlighted that penalty should not be imposed solely for revenue purposes. In this case, there was no clear finding of an attempt to evade duty. The redemption fine and penalty were imposed for non-accounting in RG 1 Register. The Tribunal concluded that redemption fine was not justified and set it aside, upholding other orders. The appeal was disposed of accordingly.