2004 (8) TMI 482 - AT - Central Excise

Summary

Issues: Imposition of penalties on M/s. Bundelkhand Alloys (P) Ltd., Shri Dheer Singh, and Shri Saurav Jain for alleged evasion of duty payment.

Analysis:
The appeals were filed against the penalties imposed on M/s. Bundelkhand Alloys (P) Ltd., Shri Dheer Singh, and Shri Saurav Jain. The case revolved around the confiscation of goods, specifically two trucks loaded with MS Ingots, by Revenue Officers on 30-9-2000. The goods were manufactured by M/s. Bundelkhand Alloys (P) Ltd. and covered under Challans issued by M/s. Maharani Traders. The Adjudicating Authority confiscated the goods and imposed penalties totaling Rs. 70,000 on the appellants.

The appellants contended that the impugned goods were cleared on payment of duty, supported by invoices indicating duty payment. They argued that the delay in issuing the invoices was due to their authorized signatory's visit to a temple. On the other hand, the Revenue claimed that the goods were seized on 30-9-2000, and no duty paying documents were produced to prove clearance to M/s. Maharani Traders. The proprietor of M/s. Maharani Traders confirmed receiving the invoices covering the seized goods on the evening of 2-10-2000 from a representative of M/s. Bundelkhand Alloys (P) Ltd. He also stated that Challans were issued under the direction of M/s. Bundelkhand Alloys (P) Ltd.

The Tribunal found that the goods were seized on 30-9-2000, and only Challans issued by M/s. Maharani Traders were presented without any duty paying documents. The Tribunal rejected the appellants' argument that the goods were cleared on payment of duty, as the evidence suggested otherwise. The statements of the proprietor of M/s. Maharani Traders indicated that the documents were prepared after the goods were seized to cover up the evasion. Consequently, the Tribunal dismissed the appeals, upholding the penalties imposed on the appellants amounting to Rs. 70,000.