2016 (12) TMI 1226 - AT - Central Excise

Confiscation - Redemption fine - Notification No.68/63 - Penalty - Held that - The Rule 26 provides power to penalize any person who acquire possession or any way concerned in transporting, removing, depositing, keeping, selling, purchasing or any other manner dealing with any excisable goods which he has reason to believe that the vehicles are liable to confiscation under the Act or these rules - Appeal dismissed - decided against the assessee.

Summary

Issues:
Appeal against order-in-appeal covering three separate incidents involving transportation of goods without proper duty documents, imposition of penalty, and confiscation of vehicles.

Analysis:
1. The appeals were filed against a common order-in-appeal regarding the transportation of goods without proper duty documents. The Revenue seized vehicles belonging to the appellants on different dates. Initially, no penalty was imposed as the appellants were not directly involved in production or dealing with excisable goods. However, the Commissioner (Appeals) later imposed penalties and confiscated the vehicles based on statements indicating the appellants' awareness of transporting goods without proper documentation.

2. The appellant's counsel argued that the Commissioner lacked the power to adjudicate the matter again under Section 35A of the Central Excise Act. He contended that the penalty was imposed under Rule 26 of the Central Excise Rules, 2002, which was beyond the scope of the show-cause notice that invoked Rule 25.

3. The learned Assistant Revenue relied on the statements of the appellant's Manager to establish the appellant's awareness of transporting goods without proper documents. Referring to a Supreme Court decision, it was argued that a mere error in mentioning the rule in the order did not invalidate it if the power was exercised correctly.

4. The Tribunal observed that the appellants were repeat offenders, aware of transporting goods without proper documentation. Rule 26 empowers penalizing those involved in dealing with goods believed to be liable for confiscation. The Tribunal found the appellants liable for penalty under Rule 26 and confiscation of vehicles under Section 115(2) of the Customs Act, applied to Central Excise.

5. Regarding the appeal process, the Tribunal noted that Section 35 allows the Revenue to appeal against subordinate officers' orders, while Section 35A outlines the appeal procedure. In this case, the appeal was filed for penalty imposition and vehicle confiscation. The Commissioner (Appeals) provided the appellants with an opportunity to present their case, indicating the proper exercise of power under Section 35A.

6. Consequently, the Tribunal dismissed the appeals, upholding the penalty imposition and vehicle confiscation decisions made by the Commissioner (Appeals).

This detailed analysis covers the issues of penalty imposition, vehicle confiscation, procedural aspects, and legal arguments presented in the judgment.