1983 (9) TMI 196 - AT - Central Excise

Tribunal overturns confiscation order, rules in favor of goldsmith appellant

The Tribunal allowed the appeal, overturning the Collector's order confiscating gold ornaments and primary gold. The appellant, a certified goldsmith, ... Gold - Burden of proof Issues:1. Confiscation of gold ornaments and primary gold.2. Appeal against the order of the Collector of Central Excise.3. Allegations of contravening provisions of the Gold Control Act.4. Validity of search and seizure by Central Excise Officers.5. Discrepancies in statements and affidavits.6. Burden of proof on the Department.7. Justification of imposing a personal penalty.8. Interpretation of provisions for confiscation.Analysis:The appeal arose from an order directing the confiscation of gold ornaments and primary gold, with an option for redemption on payment of a fine. The appellant, a certified goldsmith, denied contravening Act provisions and claimed ownership of seized items by customers, wife, sister, and mother. The Collector accepted ownership of items found in the shop but ordered confiscation of others. The appellant contended the search was illegal and challenged the Collector's decision based on affidavits and lack of evidence against him.The central issue was whether the Collector was justified in confiscating items from the residential premises. The appellant argued the Department failed to prove contraventions, and the burden of proof lay with them. The Tribunal found the Collector erred in presuming guilt without substantial evidence and disregarding affidavits supporting the appellant's claims. The Collector's interpretation of gold ornaments as coverings for primary gold was deemed incorrect, leading to the appeal's allowance and setting aside of the order.The appellant's advocate highlighted discrepancies in statements and affidavits, emphasizing the lack of evidence against the appellant. The Tribunal noted the Collector's failure to establish contraventions, shifting the burden of proof to the appellant unjustly. The search and seizure were deemed illegal as the Department lacked reasonable belief, leading to the order's overturning and refund of any fines or penalties paid by the appellant.The Tribunal's decision focused on the improper burden of proof placed on the appellant, the lack of substantial evidence against him, and the incorrect interpretation of Act provisions by the Collector. The appeal succeeded due to the Collector's unjustified actions and errors in confiscation orders, leading to the reversal of the decision and refund of any payments made by the appellant.