2002 (9) TMI 605 - AT - Central Excise

Summary

Issues:
Imposition of penalty under Rule 209A of the Central Excise Rules based on lack of evidence regarding knowledge of non-duty paid goods during transportation.

Analysis:
The appellants, transport companies engaged in moving goods between Surat and Amritsar, were penalized under Rule 209A for transporting man-made fabrics cleared without duty payment by the manufacturers. The appellants contended that there was no evidence to prove their knowledge of the non-duty paid character of the goods during loading or unloading. The transport companies were not obligated to inquire about duty payment at the time of booking goods in Surat, as they dealt with invoices and GRs only. The record lacked any indication that the appellants were aware of the goods being cleared without duty payment by the manufacturers. Rule 209A can be applied when a person knows or has reason to believe that goods are liable for confiscation under the Act, which was not proven in this case.

The judge highlighted that the transport companies did not acquire the goods directly from the manufacturers but received them at their offices for transportation. The companies were not required to investigate the duty payment status of the goods when booked by third parties. Merely accepting goods for transportation from Surat to Amritsar did not imply knowledge of potential confiscation for non-payment of duty. Citing a similar case, it was noted that in the absence of evidence demonstrating the transport company's awareness of the non-duty paid status of the goods, Rule 209A could not be invoked. Precedents like M/s. Inland Road Service v. CCE and others supported the principle that lack of evidence regarding knowledge of non-duty paid goods precludes penalty under Rule 209A.

Consequently, considering the circumstances and the absence of evidence indicating the transport companies' knowledge of the non-duty paid character of the goods, the judge set aside the Commissioner's order imposing penalties under Rule 209A. The appeals of the transport companies were allowed, with any consequential relief permitted by law.