Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 1054 - CESTAT HYDERABADAppeal for release of seized goods - furnishing of security - SSI exemption - two units are using common brand name - appellants are not maintaining any registers with regard to account of raw material and finished goods, that they manufacture goods bearing common brand name without obtaining Central Excise registration. - Held that:- Rule 24 of Central Excise Rules, 2002 lays down the requirement of return only of seized books and other documents, but not of finished or other excisable goods. We have to say that the Supplementary Instructions relied upon by the Commissioner are only advisory in nature and do not have any statutory binding effect. Even in Section 110A of Customs Act, 1962 referred above, does not mandate or lay down any fixed percentage of security, merely laying down that seized goods etc., be released to the owner on taking a bond from him in the proper form with such security and conditions as the adjudicating authority may require ( emphasis added). Therefore, while imposing condition for provisional release, the Commissioner has to use the discretion in a judicious manner basing upon the facts and circumstances of each case. In the case before us, the goods ordered to be released are finished goods which were placed under seizure within the factory premises. Thus, when clearance is effected of such goods after release, the duty liability thereof will necessarily be discharged; this is one of the conditions in the impugned order also. - Appellants have deposited part amount during investigations. Taking all these aspects into consideration we are of the opinion that the circumstances do not require imposition of security of 25% of Bond amount (Value of goods) and that security of 10% of Bond amount would meet the ends of justice while taking care of the interest of Revenue. Ordered accordingly.
|