2005 (3) TMI 571 - AT - Central Excise

Tribunal rulings on liability, penalties for dealing with non-duty paid goods

AR SHAH Versus COMMISSIONER OF CENTRAL EXCISE, DAMAN

AR SHAH Versus COMMISSIONER OF CENTRAL EXCISE, DAMAN - 2005 (186) E.L.T. 204 (Tri. - Mumbai) Issues:1. Liability of 100% EOU for clandestinely removing non-duty paid goods.2. Penalty imposition under Section 112 of the Customs Act on proprietor and proprietary firm.3. Penalty imposition on an individual for knowingly abetting in dealing with non-duty paid goods.4. Liability and penalty imposition on other appellants for knowingly dealing with non-duty paid goods.Analysis:1. The case involved the liability of a 100% Export Oriented Unit (EOU) for clandestinely removing non-duty paid goods. M/s. Gandhi Fibres, a 100% EOU, imported yarn duty-free but diverted it to another entity without paying duty. The Tribunal upheld the liability to confiscate the goods and recover the duty as the goods were not used for the intended process, a fact not contested by the importers.2. Regarding penalty imposition under Section 112 of the Customs Act, the Tribunal noted that both a proprietor and a proprietary firm cannot be penalized under the same section. As a result, the penalty on the proprietary firm of M/s. Gandhi Fibres was set aside, while the penalty on the proprietor, Shri A.A. Gandhi, was confirmed. This decision was based on the proprietor's knowledge of diverting goods and availing duty benefits, leading to the appeal of the firm being allowed and the appeal of Shri A.A. Gandhi being dismissed.3. The judgment also addressed the penalty imposition on Shri A.R. Shah for knowingly dealing with non-duty paid goods and abetting Shri A.A. Gandhi in the act. The Tribunal found Shri A.R. Shah liable for a penalty under Section 112 of the Customs Act. However, considering a plea for mercy, the penalty amount was reduced from Rs. 50,000 to Rs. 10,000, partially allowing his appeal.4. Lastly, the Tribunal examined the liability and penalty imposition on the other two appellants, M/s. Lakhani Filament P Ltd. and Shri J.V. Lakhani, for knowingly dealing with non-duty paid goods. Despite weak material and findings, their knowledge of the goods being non-duty paid led to the conclusion that they knowingly dealt with goods liable for confiscation. The penalty imposed on them was reduced from Rs. 1 lakh each to Rs. 25,000 each, partially allowing their appeal.In conclusion, the appeals were disposed of with varying outcomes for the different appellants based on their roles and involvement in dealing with non-duty paid goods, with penalties being imposed and reduced accordingly.