1994 (7) TMI 170 - AT - Central Excise

CEGAT Cancels Excise Penalty Due to Lack of Evidence

The Appellate Tribunal CEGAT, New Delhi set aside the penalty imposed under Rule 209A of the Central Excise Rules, 1944 on the appellant for acquiring ... Penalty - Charge regarding removal of non-duty Issues:- Imposition of penalty under Rule 209A of the Central Excise Rules, 1944 for acquiring possession of excisable goods.- Appeal against the penalty imposed by the Additional Collector of Central Excise, Jaipur.- Reliance on statements of witnesses and lack of cross-examination.- Submission of the appellant's counsel regarding the lack of evidence.- Arguments by the learned DR in support of penalty imposition.- Analysis of witness statements and lack of evidence linking the appellant to the alleged offense.Detailed Analysis:The judgment from the Appellate Tribunal CEGAT, New Delhi pertains to the imposition of a penalty under Rule 209A of the Central Excise Rules, 1944 on the appellant for acquiring possession of excisable goods with the knowledge of their liability to confiscation. The case originated from the detection of non-duty paid copper circles and utensils in a transport company's godown, leading to the seizure of goods and subsequent legal proceedings. The Additional Collector of Central Excise, Jaipur imposed a penalty of Rs. 5,000 on the appellant, which was challenged through an appeal.During the proceedings, it was highlighted that the case heavily relied on witness statements, particularly those of Manmohan Singh, the manager of the transport company, and other individuals involved in the transportation of goods. However, crucial witnesses like Nazar Singh, Sultan Singh, and Bhola Singh were not produced for cross-examination, raising doubts about the reliability of their statements. The appellant's counsel argued that the Department failed to provide substantial evidence linking the appellant to the alleged offense, emphasizing the importance of cross-examination to establish credibility.The learned DR supported the penalty imposition, citing the absence of duty paying documents for the seized goods and asserting that the appellant knowingly dealt with goods liable for confiscation. Despite the Department's contentions, the Tribunal scrutinized the witness statements and evidence presented. It was observed that the statements of key witnesses lacked corroboration and failed to conclusively establish the appellant's involvement in the offense. The Tribunal noted discrepancies in the statements of Manmohan Singh and other witnesses, casting doubt on the prosecution's case.Ultimately, the Tribunal found that the Department had not met the burden of proof required to establish the appellant's culpability beyond a reasonable doubt. Due to the lack of concrete evidence linking the appellant to the non-duty paid goods, the Tribunal extended the benefit of doubt to the appellant. Consequently, the impugned order imposing the penalty was set aside, and the appeal was allowed in favor of the appellant, granting any consequential relief due.In conclusion, the judgment underscores the importance of substantiated evidence and the necessity of cross-examination in establishing liability in excise penalty cases. The decision showcases the Tribunal's meticulous analysis of witness statements and the legal standard of proof required for penal actions under Central Excise Rules.