2000 (1) TMI 654 - AT - Central Excise

Summary

Issues Involved:
1. Legality of the seizure of printed fabrics.
2. Validity of the duty demand under Section 11A of the Central Excise & Salt Act.
3. Applicability of exemption notifications.
4. Imposition of penalty and confiscation of goods.

Issue-wise Detailed Analysis:

1. Legality of the Seizure of Printed Fabrics:
The Central Excise authorities seized printed fabrics from two units operated by the appellant, suspecting that these fabrics were processed with the aid of power. The appellant argued that they lacked the facilities for printing and that the printed fabrics were obtained from other sources for rolling and packing, which were later exported. The adjudicating authority did not find sufficient evidence to link the seized fabrics directly to the export documents provided by the appellant. However, the Tribunal noted that the export documents and the description of the goods in the panchnama were consistent, supporting the appellant's claim. The Tribunal concluded that the confiscation of the printed fabrics was not justified as the appellant had no facilities for printing, and the goods were indeed meant for export.

2. Validity of the Duty Demand under Section 11A of the Central Excise & Salt Act:
The show cause notice issued on 21-5-1993 demanded duty for the period from 1-2-1992 to 23-11-1992, alleging that the appellant used power-operated machinery for processing fabrics. The appellant contended that no such machinery was operational during the said period. The Tribunal found that the statements of the appellant's proprietor and accountant, which admitted the presence of power-operated machinery, did not conclusively prove that the machinery was used for processing during the relevant period. The Tribunal emphasized the lack of concrete evidence, such as electricity bills, to support the department's claim. Consequently, the duty demand was not upheld.

3. Applicability of Exemption Notifications:
The appellant invoked Notification No. 253/82 and Notification No. 48/90 to claim exemption from duty. The Tribunal examined the conditions under these notifications and found that the appellant's processing activities, which did not involve the use of power or steam, qualified for exemption. The Tribunal noted that the machinery found in the appellant's units was either not operational or not connected to power, thus supporting the appellant's claim for exemption. The Tribunal concluded that the appellant was entitled to the benefit of the exemption notifications, thereby nullifying the duty demand.

4. Imposition of Penalty and Confiscation of Goods:
The adjudicating authority imposed a combined penalty of Rs. 6,500/- on the appellant, citing various contraventions of the Central Excise Rules. The Tribunal, however, found that the appellant's units were small-scale operations located in slums, with machinery that was not operational. The Tribunal also noted that the printed fabrics were meant for export and were not processed by the appellant. Given the lack of evidence for duty evasion and the appellant's compliance with exemption notifications, the Tribunal held that the imposition of penalty and confiscation of goods were unwarranted. The Tribunal set aside the penalty and confiscation orders, allowing the appeal with consequential relief.

Order:
The Tribunal set aside the impugned order and allowed the appeal, granting consequential relief according to law.