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1999 (11) TMI 423 - AT - Central Excise
Issues: Alleged short levy of duty, confiscation of goods, imposition of penalty.
Alleged Short Levy of Duty: The judgment revolves around the discovery of electrical capacitors in a fully manufactured condition but not recorded in the RG I register during a visit to the assessee's factory. The Collector confirmed the demand for short levy of Rs. 2,85,590.85, confiscated the goods, and imposed a penalty of Rs. 2 lakhs on the assessees. The assessees argued that they followed a practice of making entries only after inspection, testing, and packing, contrary to the statutory requirement of immediate entry upon production. The Tribunal held that the assessees failed to fulfill their statutory obligation, citing precedents emphasizing compliance with statutory provisions and upholding the Collector's order in confiscating the goods. Confiscation of Goods: Regarding the confiscation of goods not recorded in the RG I register, the Tribunal considered various judgments indicating that goods are not liable for confiscation solely due to non-registration if there is no apparent preparation for illicit removal. The Tribunal referred to the Supreme Court's observations in a specific case, emphasizing that penalties can be imposed for non-compliance with statutory obligations. Relying on the Supreme Court's stance, the Tribunal upheld the Commissioner's order confiscating the goods based on the assessees' failure to comply with the Central Excise Act. Imposition of Penalty: The judgment also addressed the allegation of clandestine clearance of goods without duty payment. The Tribunal examined diaries and memo books maintained by employees, concluding that the evidence presented was insufficient to prove that capacitors were clandestinely cleared without payment of duty. The penalty imposed on the assessees was deemed excessive, leading the Tribunal to reduce it from Rs. 2 lakhs to Rs. 20,000. While the duty amount was set aside, the orders of confiscation and redemption were maintained based on the findings.
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