1999 (2) TMI 178 - AT - Central Excise

Summary

Issues:
1. Seizure of goods from a truck and imposition of duty liability, penalty, and redemption fine.
2. Allegation of two companies being one entity and subsequent confiscation of the truck.
3. Dismissal of appeal of one appellant leading to finality of the finding regarding the companies being one entity.
4. Knowledge attribution regarding duty liability and confiscation of the truck.

Analysis:
1. The case involved the seizure of goods from a truck owned by the appellant, with a duty liability imposed based on the allegation that two companies, Boxwell India and ITC, were one entity. A penalty and redemption fine were also imposed. The appellant's driver produced a delivery challan of ITC, claiming unawareness of the connection between ITC and Boxwell India, which was managed by different individuals. The appellant argued that no duty liability should be attributed to the driver, citing a Tribunal judgment in a similar case.

2. The dismissal of the appeal of Boxwell India resulted in the finality of the finding that Boxwell India and ITC were considered one entity. The Revenue upheld the confiscation of the truck and the imposition of a redemption fine based on this finding. The appellant contended that the driver had no knowledge of the connection between the two companies and should not be held accountable for duty liability.

3. The appellant's advocate emphasized that the driver, as the person in charge of the vehicle, was not aware of the relationship between Boxwell India and ITC. The Tribunal noted that the ownership of the truck belonged to the appellant, and there was no evidence that the truck belonged to either of the two companies. It was concluded that neither the appellant nor the driver could be attributed knowledge of the companies being one entity. As a result, the confiscation of the truck and the redemption fine were set aside, allowing the appeal of the appellant.

4. The Tribunal's decision was based on the lack of evidence showing that the appellant or her agent had knowledge of the true nature of the companies operating in Boxwell House. It was established that the driver's lack of awareness regarding the dutiability of the goods was reasonable, as the ownership and management of the companies were distinct. Consequently, the confiscation of the truck and the redemption fine were deemed unjustified, leading to the allowance of the appellant's appeal.