2012 (12) TMI 586 - HC - Central Excise

High Court sets aside Tribunal's order, remands case for reconsideration due to lack of reasoning.

Commissioner of Central Excise Versus Multi Flex Lami Print Ltd. Anil Dang and Nitin Mali

Commissioner of Central Excise Versus Multi Flex Lami Print Ltd. Anil Dang and Nitin Mali - 2013 (296) E.L.T. 329 (Bom.) Issues Involved:1. Reduction of Redemption Fine2. Setting Aside Demand of Central Excise Duty3. Setting Aside Personal Penalty4. Overturning Concurrent Factual FindingsDetailed Analysis:1. Reduction of Redemption Fine:The Tribunal upheld the confiscation of 40147 kgs of printed laminated flexible film rolls found in the respondent's factory but reduced the redemption fine from Rs.2,00,000/- to Rs.50,000/-. The Tribunal did not provide any reasons for this reduction, merely stating it was based on the 'facts and circumstances of the case.' The High Court found this lack of reasoning insufficient, emphasizing that the Tribunal is expected to give reasons in support of its order. Therefore, the High Court deemed the reduction of the redemption fine unsustainable and required the Tribunal to reconsider this issue with proper reasoning.2. Setting Aside Demand of Central Excise Duty:The Tribunal set aside the demand of Rs.2.57 lacs for 9120 kgs of 'Sikandar Gutka' printed laminated rolls found in the transporter's godown. The Tribunal accepted the respondent's claim that these goods were manufactured by M/s. Sanket Food Products Private Limited, not the respondent. The High Court noted that the Tribunal ignored the concurrent findings of the lower authorities, which had concluded that the respondent had cleared these goods without payment of duty based on statements from the transporter and his employee. The High Court criticized the Tribunal for not providing any discussion or analysis to justify overturning these findings, thus requiring the Tribunal to reconsider this issue.3. Setting Aside Personal Penalty:The Tribunal also set aside the penalties imposed on respondent Nos. 2 and 3 without assigning any reasons. The High Court found this lack of reasoning problematic, as the penalties were initially imposed based on the findings that the respondents were involved in the evasion of duty. The High Court directed the Tribunal to reconsider the imposition of penalties on respondent Nos. 2 and 3, providing proper reasons for its decision.4. Overturning Concurrent Factual Findings:The Tribunal overturned the concurrent factual findings of the Assistant Commissioner and the Commissioner of Central Excise (Appeals) without providing adequate reasons. The lower authorities had found that the respondent had not accounted for the goods in the statutory records and had cleared goods without payment of duty. The High Court emphasized that the Tribunal failed to analyze why it did not accept these findings, particularly ignoring statements from key individuals and the lack of production records. The High Court required the Tribunal to reconsider these findings with a detailed analysis.Conclusion:The High Court answered all the questions in favor of the appellant-revenue and against the respondents. It set aside the Tribunal's order dated 27/6/2005 and restored the matter to the Tribunal for fresh consideration on:- The imposition of redemption fine on confiscated goods.- The duty demand of Rs.2.57 lakhs for goods found at the transporter's godown.- The penalties imposed on respondent Nos. 2 and 3.The Tribunal is directed to pass a fresh order with proper reasoning for its conclusions. The appeal was disposed of with no order as to costs.