2017 (3) TMI 62 - AT - Central Excise

Failure to make an entry in RG-1 (DSA) register - manufacturing of Gutkha - confiscation of goods manufactured in the factory and not cleared from the factory - Confiscation of raw material - Penalty - Held that - The duty is to be paid only when the goods are cleared from the factory and only such goods are liable for confiscation which are removed without payment of duty. Therefore, the seizure and confiscation of goods manufactured in the factory and not cleared is not sustainable in law - related penalties are also not sustainable in law - Further there is no provision in Central Excise Act for seizure of raw materials and confiscation of raw materials - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Confiscation of goods not cleared from the factory
- Confiscation of raw materials
- Demand of Central Excise duty on manufactured goods
- Imposition of penalties
- Seizure and confiscation of goods manufactured in the factory
- Confiscation of raw materials
- Demand of Central Excise duty on manufactured goods
- Imposition of penalties

Confiscation of Goods Not Cleared from the Factory:
The case involved the confiscation of goods manufactured in the factory but not cleared, which were found during a visit to the manufacturing premises. The Original Authority had ordered the confiscation of certain goods and imposed penalties. However, the Tribunal held that duty is only payable upon clearance of goods from the factory, and only goods removed without payment of duty are liable for confiscation. As the goods in question were not cleared, the confiscation and related penalties were deemed unsustainable in law.

Confiscation of Raw Materials:
The Tribunal also addressed the issue of confiscation of raw materials seized from the residence. It was noted that there is no provision in the Central Excise Act for the seizure and confiscation of raw materials. Therefore, the confiscation of raw materials was deemed unsustainable.

Demand of Central Excise Duty on Manufactured Goods:
Regarding the demand of Central Excise duty on manufactured goods, the Tribunal observed that the show cause notice did not invoke provisions of Section 11 A for the demand of duty. Instead, the demand was raised under Rule 25 of the Central Excise Rules, 2002. However, Rule 25 does not authorize Central Excise officers to demand duty. Therefore, the Tribunal found the demand of Central Excise duty to be unsustainable.

Imposition of Penalties:
The Tribunal considered the imposition of penalties in the case. It was argued by the appellants that since the goods manufactured but not cleared and the raw materials seized were not eligible for confiscation, personal penalties should not be imposed. The Tribunal agreed with this argument and held that the related penalties were not sustainable in the present case.

Conclusion:
In conclusion, the Tribunal set aside the Order-in-Original and the Order-in-Appeal, allowing both appeals filed by the appellants. The appellants were deemed entitled to consequential relief as per law. The judgment highlighted the importance of following legal provisions and procedures in cases involving confiscation, demand of duty, and imposition of penalties under the Central Excise Rules.