2014 (7) TMI 273 - AT - Central Excise

Tribunal rules in favor of appellant in confiscation case; sets aside orders and penalties.

M/s. Welcome Transport Company Shri Ashok Ramani Versus Commissioner of Central Excise, Indore

M/s. Welcome Transport Company Shri Ashok Ramani Versus Commissioner of Central Excise, Indore - 2014 (308) E.L.T. 104 (Tri. - Del.) Issues:1. Confiscation of television sets without payment of duty2. Confiscation of truck and imposition of penalties on transportersAnalysis:1. The case involved the interception of a truck carrying television sets without duty paying documents. The investigation revealed discrepancies in the consignor and consignee details, leading to the seizure of the goods and the truck. The Revenue alleged that the television sets worth Rs. 4,45,700 were cleared without duty payment. The Assistant Commissioner confiscated the sets with an option for redemption, confirmed a duty of Rs. 41,741, and imposed penalties. The Revenue sought absolute confiscation of the sets and enforcement of the bond amount. The appellant argued they were only transporters, not manufacturers, and there was no evidence of clandestine manufacturing. The Commissioner (Appeals) upheld the Revenue's appeal, leading to the present appeals.2. The main issue addressed was whether the television sets were removed clandestinely by the manufacturers. The tribunal noted that the transporters were not the manufacturers, and there was no evidence of duty evasion by the actual manufacturers. Lack of investigation into the manufacturers' involvement and absence of proof of duty evasion led to the conclusion that confiscation of the sets and imposition of penalties on the transporters were unjustified. The tribunal held that without evidence of duty evasion by the manufacturers, the demands and penalties against the transporters were not valid. The orders for confiscation and penalties were set aside, and both appeals were allowed in favor of the appellant.