1999 (11) TMI 226 - AT - Central Excise

Summary

Issues:
1. Confiscation of excess galvanised steel strips and reduction of penalty.
2. Clandestine removal of galvanised steel scrap and related duty implications.
3. Confiscation of provisionally released goods and fixation of redemption fine.
4. Imposition of penalty under Rule 226 for contravention of provisions.

Issue 1: Confiscation of excess galvanised steel strips and reduction of penalty:
The Revenue challenged the Commissioner (Appeals) order that set aside the confiscation of excess galvanised steel strips and reduced the penalty from Rs. 5.00 lakh to Rs. 2,000.00. The Commissioner (Appeals) based the decision on the strips being unfinished and awaiting re-manufacture due to defective galvanisation, and the duty on shortage already being paid before the show cause notice. The Revenue argued that the strips were not entered in the RG 1 register as required, and the duty evasion on scrap was admitted by the respondents after detection, not voluntarily. The Tribunal found the confiscation unjustified as the strips were seized in an unfinished stage, and reduced the penalty to Rs. 5,000.00.

Issue 2: Clandestine removal of galvanised steel scrap and related duty implications:
The respondents were found with excess galvanised steel strips and clandestinely removed scrap. The Commissioner (Appeals) set aside the penalty due to duty payment before the notice issuance. However, the Tribunal held that admitting to the shortage after detection did not absolve the respondents from penalty under Rule 173Q. The penalty was reduced to Rs. 5,000.00 considering the circumstances and the confiscation being set aside.

Issue 3: Confiscation of provisionally released goods and fixation of redemption fine:
The Commissioner (Appeals) set aside the confiscation of provisionally released goods, stating they had not reached the RG 1 stage. The Tribunal agreed that the goods were unfinished and awaiting further processing, supporting the decision. The issue of redemption fine when goods are provisionally released was deemed unimportant after the confiscation was set aside.

Issue 4: Imposition of penalty under Rule 226 for contravention of provisions:
The Revenue argued for imposing the penalty under Rule 226 for contravening provisions despite duty payment post-detection. The Tribunal upheld the penalty, stating that admitting to the shortage after detection did not justify setting aside the penalty. The penalty was reduced to Rs. 5,000.00 due to the confiscation being unjustified.

In conclusion, the Tribunal partially allowed the appeal, upholding the Commissioner (Appeals) decision on confiscation and reducing the penalty to Rs. 5,000.00. The issues of confiscation, penalty imposition, and redemption fine were thoroughly analyzed, leading to the modification of the penalty amount based on the circumstances and legal provisions.