2006 (1) TMI 35 - AT - Central Excise

Central Excise Clandestine removal The person in-charge of vehicle has not given correct facts of goods transported in truck Confiscation of vehicle sustainable under Section 115 of Customs Act 1962 as made applicable to Central Excise Act 1944

Summary

Issues: Confiscation of truck for transportation of goods without proper invoice and duty payment.

Analysis:
1. The appeal was filed by the Revenue challenging the dropping of confiscation of a truck used for transporting steel ingots without a proper invoice and duty payment. The truck was intercepted during a transit check, loaded with non-alloy steel ingots, and cleared without proper documentation.

2. The Revenue argued that the owner's claim of ignorance regarding the improper invoice and duty evasion was not a valid excuse. The truck was confiscated under Section 115 of the Customs Act, as it was loaded with goods cleared without proper documentation and duty payment. The driver, as the agent of the owner, failed to explain the delay in covering a short distance, raising suspicions about the transportation process.

3. The respondents, who owned the truck, denied knowledge of the alleged contravention by another party involved in the transportation. They emphasized that there was no evidence implicating them in the improper issuance of invoices or duty evasion by the other party.

4. Upon reviewing the submissions, it was found that the truck was intercepted at a considerable distance from the factory of the party that loaded the goods. The invoice produced by the driver did not match the actual quantity loaded, indicating discrepancies in the transportation process. The driver failed to explain the delay in covering the distance and the whereabouts of the truck during that period, leading to the conclusion that he did not take sufficient precautions as required by law.

5. The original authority's decision to confiscate the truck was upheld, overturning the Commissioner (Appeals) order that dropped the confiscation. The Commissioner's reliance on a previous case was deemed inappropriate as the circumstances in the present case differed significantly, with non-duty paid goods being transported on a different date than indicated in the invoice.

6. Consequently, the appeal of the Revenue was allowed, and the confiscation of the truck was reinstated based on the failure to comply with proper documentation and duty payment requirements.

(Dictated and pronounced in open court)