2002 (8) TMI 669 - AT - Central Excise

Appellate Tribunal Upholds Duty Demand on Excisable Goods; Confiscation & Penalties Confirmed

The Appellate Tribunal CEGAT, Kolkata confirmed the duty demand on excisable goods cleared without payment by a company, including excess quantities of ... Demand - Excess goods - Confiscation and penalty - Penalty - Shortages and excesses Issues:1. Duty liability on excisable goods cleared without payment of duty2. Confiscation of M.S. Ingots and imposition of penalty3. Computation of duty liability and penalty amount4. Imposition of penalty on Managing DirectorIssue 1: Duty liability on excisable goods cleared without payment of dutyThe appeals arose from an Adjudication Order confirming a demand of Central Excise duty on excisable goods cleared without payment of duty by a company. The company manufactured M.S. Ingots and re-rolled products, with different duty implications for captively used ingots. A stock taking revealed discrepancies in ingot quantities, leading to duty demands. The appellants did not dispute the duty liability but contested the computation. The Tribunal confirmed the duty demand on the removed ingots, including excess quantities, and rejected the appellants' arguments regarding the duty computation.Issue 2: Confiscation of M.S. Ingots and imposition of penaltyA quantity of M.S. Ingots removed without duty payment was found in excess, leading to confiscation and a redemption fine. The Tribunal upheld the confiscation and fine, considering the value of the seized goods. Additionally, a penalty under Section 11AC of the Central Excise Act was imposed due to the removal of ingots without payment of duty. The penalty amount was upheld, with the possibility of applying the proviso to Section 11AC for penalty reduction. A penalty on the Managing Director was also upheld as he controlled production and clearance of goods.Issue 3: Computation of duty liability and penalty amountThe appellants argued that the seized ingots were part of the total removed without duty payment and contested the penalty amount and interest imposition. They claimed that the seized goods were not liable for confiscation as they were within the factory premises. The Tribunal, however, upheld the duty demand on the removed ingots, including excess quantities, and the penalty amount, considering the circumstances of duty non-payment and the value of the seized goods.Issue 4: Imposition of penalty on Managing DirectorThe Managing Director's liability for the irregularities in duty payment and goods clearance was contested, citing his illness and lack of prior wrongdoings. The Tribunal upheld the penalty on the Managing Director, noting his control over production and clearance activities that led to the removal of ingots without duty payment. The penalty imposed on the Managing Director was deemed appropriate given his role in the company's operations.This detailed analysis of the judgment from the Appellate Tribunal CEGAT, Kolkata addresses the duty liability, confiscation of goods, penalty imposition, and the role of the Managing Director in the case.