2001 (11) TMI 480 - AT - Central Excise

Appellate authority overturns confiscation and penalties in PVC cable case

The appellate authority set aside the confiscation of excess raw materials and finished goods, as well as the imposed penalties under Rules 173Q and 209A, ... Confiscation and penalty - Finished goods found in excess Issues:1. Confiscation of excess raw materials and finished goods under Rule 173Q of the Central Excise Rules 1944.2. Imposition of penalties under Rules 173Q and 209A on the assessee-firm and its partner.3. Appeal against the decision of the Asstt. Commissioner regarding confiscation and penalties.Analysis:1. The case involved the confiscation of excess raw materials and finished goods found during a visit by Central Excise officers to a factory manufacturing PVC insulated copper cables. The department proposed confiscation and penalties based on non-accountal in statutory records. The jurisdictional Asstt. Commissioner confiscated the seized items and imposed fines. The Commissioner (Appeals) later modified the confiscation and reduced fines. The appellants contested the decision, arguing that the confiscation was unjustified as there was no evidence of intent to evade duty. The appellate authority found discrepancies in the allegations and set aside the confiscation, reducing penalties as well.2. The imposition of penalties under Rules 173Q and 209A was a key issue in the case. The appellants argued that the penalties were unwarranted as there was no evidence of intent to evade duty, a crucial requirement for penalty under Rule 173Q. The appellate authority agreed, stating that without such intent, the penalties were unsustainable. Additionally, there was no finding against the partner to justify the penalty under Rule 209A. The appellate authority set aside the penalties based on these grounds.3. The appeals against the decision of the Asstt. Commissioner focused on challenging the confiscation of goods and the imposition of penalties. The appellants presented arguments regarding the lack of evidence supporting the confiscation and penalties, emphasizing the absence of intent to evade duty. The appellate authority carefully examined the contentions and found that the confiscation and penalties were not justified based on the evidence and legal requirements. Consequently, the impugned order was set aside, and the appeals were allowed, providing consequential reliefs to the appellants.