2019 (4) TMI 886 - AT - Central Excise

Clandestine manufacture - drawing of copper wire from copper wire rods - Confiscation - Held that - The admitted fact is that the goods loaded in the two trucks were duty paid. Further, from the facts on record, it is evident that one of the trucks as waiting outside the factory and the other truck had gone inside the factory gate and duty paid goods found loaded at M/s Hindalco Industries, were still lying in the truck. Further, the cogent explanation given as to job work, was not found untrue. The goods are not liable for confiscation under Rule 25 of the Central Excise Rules, 2002 - penalty also set aside - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
1. Whether the appellant is engaged in drawing copper wire from copper wire rods or involved in clandestine activity justifying seizure and confiscation of the goods.

Detailed Analysis:
1. The issue in these appeals revolved around determining if M/s Shree Om Wire Pvt. Limited was legitimately drawing copper wire from copper wire rods or engaging in clandestine activities warranting the seizure and confiscation of goods. The central question was whether the copper rods found loaded on two trucks, one inside the factory and the other outside, were being used for authorized purposes or not. The officers acted on intelligence and intercepted the trucks, leading to the discovery of copper rods loaded in the vehicles, accompanied by documents showing duty paid nature of the goods. However, discrepancies were noted in the documentation, as the goods were received without proper invoices and job work challans. Statements were recorded, and further investigations were conducted to ascertain the nature of activities at M/s Shree Om Wire premises.

2. The authorities seized the goods based on the belief that they were meant for unauthorized manufacturing and removal, leading to the issuance of a show cause notice proposing confiscation and penalties. M/s Serval India Pvt. Limited claimed that the goods were duly paid for and were part of a job work arrangement with M/s Shree Om Wire. The matter was adjudicated, resulting in an order for confiscation of the trucks and copper rods, along with penalties imposed on various individuals involved in the transportation and handling of the goods.

3. The Commissioner (Appeals) rejected the appeals, citing discrepancies in the payload capacity of the trucks and lack of documentary evidence regarding the readiness of job worked material for dispatch. Despite the goods being duty paid, suspicions were raised regarding the intent behind bringing the goods to the appellant's premises. However, considering the totality of circumstances, the Commissioner reduced the redemption fines and penalties imposed but upheld the confiscation of goods and trucks.

4. Upon appeal before the Tribunal, it was observed that the goods were duty paid, and the explanation provided regarding job work was deemed credible. The trucks were found with duty paid goods, and no evidence of evasion of duty was established. Consequently, the Tribunal set aside the order of confiscation and penalty, granting relief to the appellants in accordance with the law.

In conclusion, the judgment revolved around the legitimacy of activities at M/s Shree Om Wire premises, the handling of duty paid goods, and the presence of necessary documentation to support the transactions, ultimately leading to the decision to allow the appeals and provide consequential benefits to the appellants.