1999 (7) TMI 327 - AT - Central Excise

Collector upheld in excise case due to procedural breaches and lack of evidence

The Collector did not breach natural justice principles as the appellants failed to demonstrate denial of inspection and cross-examination rights. The ... Appeal - Maintainability - Modvat - Job work facility Issues:1. Natural justice principles and adequate opportunity for defense.2. Transfer of sub-assemblies without following prescribed procedures.3. Claim of transfer by a sister concern and lack of investigation.4. Allegation of being a victim of conspiracy.5. Confiscation of goods and imposition of penalties.Analysis:1. The appellants contended that the order violated natural justice principles by not granting them adequate opportunity to inspect documents and cross-examine department officers. The Collector, however, provided opportunities for inspection and cross-examination as per records. The appellants failed to demonstrate any denial of these rights, and thus, the Collector did not breach natural justice principles.2. The next issue revolved around the transfer of sub-assemblies to a neighboring concern without following prescribed procedures. Although permission was granted for the transfer, the obligation to retrieve the goods or clear them with duty payment was not fulfilled by the appellants. As a result, the transfer did not comply with the regulations, leading to the confirmation of duty demand and confiscation of goods.3. Another contention was regarding the claim that the sub-assemblies were sent by a sister concern of the neighboring concern. The department was not obligated to investigate this claim, and the burden of proof rested with the claimant. Without substantial evidence, such as gate passes or statements from the alleged sender, the claim lacked a foundation and was deemed unsubstantiated.4. Additionally, the appellants raised an alternative argument, suggesting they were victims of a conspiracy by one of their directors. However, this claim did not provide a valid defense against the proceedings under consideration, as it did not directly relate to the alleged violations of excise regulations.5. Finally, the judgment addressed the confiscation of goods, imposition of penalties, and the reduction of fines. The confiscation under Rule 173Q was upheld due to the contravention of provisions, along with the duty demand. The penalty imposed on the appellants was confirmed, while the redemption fine was reduced considering the circumstances. One appeal was allowed in part, while the other was dismissed based on the findings and discussions presented in the judgment.