2004 (3) TMI 582 - AT - Central Excise

Appeal dismissed for confiscation & penalties under Central Excise Rules. Upheld lower authorities' decisions.

The appeal challenging the confiscation of goods under Rule 209 of Central Excise Rules, 1944, and the imposition of penalties on the appellants was ... Evidence - Appreciation of - Accountal of goods - EOU Issues involved:1. Confiscation of seized goods under Rule 209 of Central Excise Rules, 1944.2. Imposition of penalty on the appellants.3. Allegations of lack of Central Excise records by the appellant.4. Discrepancies in the seizure of records and stock positions.5. Authenticity of defense documents presented by the appellants.6. Application of special rules for 100% EOU in the case.Confiscation of Seized Goods under Rule 209:The appeal challenged the impugned order-in-appeal where goods were confiscated under Rule 209 of Central Excise Rules, 1944, including Polyester Crimped Yarn, semi-finished goods, and Polyester Filament Yarn valued at Rs. 21,54,347. The lower authorities confiscated the goods and appropriated the bank guarantee executed against B-11 bond, with an additional penalty of Rs. 50,000 imposed on the appellants.Imposition of Penalty:The penalty was imposed on the appellants in connection with the confiscated goods. The appellants contested this penalty in their appeal, seeking relief from the imposed penalty amount.Allegations of Lack of Central Excise Records:The appellant, a 100% EOU engaged in manufacturing crimped yarn, faced allegations of not maintaining Central Excise records related to raw materials and finished goods. The officers found discrepancies in record-keeping during a search, leading to the confiscation of goods and subsequent legal proceedings.Discrepancies in Seizure of Records and Stock Positions:Various discrepancies arose regarding the seizure of records and stock positions between the appellant's unit and office premises. The defense presented by the appellants aimed to address these discrepancies, including the authenticity of seized documents and the actions of the inspecting officers and panchas during the seizure.Authenticity of Defense Documents:The authenticity of defense documents presented by the appellants was questioned, particularly regarding a finished goods register not included in the seizure list. The tribunal scrutinized the timing of document submission, the absence of signatures, and the partner's involvement in producing the documents, ultimately questioning the credibility of the evidence.Application of Special Rules for 100% EOU:The judgment highlighted the application of special rules for 100% Export-Oriented Units (EOUs) and emphasized that such rules only apply when production is exclusively for export. The tribunal concluded that the lower authorities' decisions did not warrant interference, indicating that contraband goods could be subject to normal central excise procedures.Conclusion:The appeal was dismissed, upholding the lower authorities' decisions regarding the confiscation of goods, imposition of penalties, and application of central excise rules for the appellant's 100% EOU operations. The judgment emphasized the importance of maintaining accurate records and complying with central excise regulations, ultimately leading to the rejection of the appeal.