2005 (11) TMI 319 - AT - Central Excise

Tribunal Upholds Confiscation of Unregistered Goods Under Rule 226, Emphasizing Compliance and Objective Nature

The Tribunal upheld the confiscation of goods not entered in RG-I, citing the objective nature of Rule 226 and the offending nature of the seized goods. ... Confiscation and penalty - Non-accountal of goods Issues:1. Confiscation of goods not accounted in RG-I.2. Intention to evade payment of duty.3. Interpretation of Rule 226 regarding mens rea.4. Applicability of case laws in determining confiscation.Confiscation of Goods Not Accounted in RG-I:The case involved the confiscation of goods seized from a manufacturing unit for not being entered in RG-I, allegedly with the intent to clear them clandestinely. The Appellants argued that the goods were manufactured on a specific date but were seized before they could be entered due to a holiday. The original adjudicating authority confiscated the goods and imposed fines, which were later set aside by the Commissioner (Appeals) who upheld the confiscation. The Tribunal affirmed the confiscation, stating that the seized goods were of an offending nature, and the Show Cause Notice correctly invoked Rule 226 along with other provisions.Intention to Evade Payment of Duty:The Appellants contended that they had no intention to evade duty, thus challenging the confiscation. They cited various case laws to support their argument, emphasizing the requirement of intention for goods to be confiscated. However, the Tribunal held that Rule 226 does not necessitate mens rea for confiscation of offending goods. Despite the absence of representation from the Appellants, the Tribunal found that the goods were proven to be of an offending nature, justifying their confiscation.Interpretation of Rule 226 Regarding Mens Rea:The interpretation of Rule 226 was crucial in this case, with the Appellants arguing for the necessity of intention to evade duty for confiscation. The Id. SDR presented a different view, stating that Rule 226 does not require mens rea for penalty or confiscation. Citing precedents, including the case of Ultra Marine and Pigments Ltd., it was highlighted that mens rea was not essential for offenses under certain Acts. The Tribunal concurred with this interpretation, emphasizing the objective nature of Rule 226 in dealing with offending goods.Applicability of Case Laws in Determining Confiscation:Both parties relied on various case laws to support their respective positions. The Appellants referenced cases emphasizing the importance of intention for confiscation, while the Id. SDR presented cases illustrating the objective nature of Rule 226 and the lack of requirement for mens rea. Ultimately, the Tribunal based its decision on the provisions of Rule 226 and the established offending nature of the seized goods, rejecting the appeal and upholding the confiscation.In conclusion, the Tribunal upheld the confiscation of goods not accounted for in RG-I, emphasizing the objective nature of Rule 226 and the established offending nature of the goods. The decision highlighted the importance of compliance with excise rules and the lack of necessity for proving intention to evade duty for confiscation under certain provisions.