Case Law Details
Metal Alloys Industries Vs Commissioner of Central Excise (CESTAT Delhi)
Held that the goods were brought in the factory premises without having proper invoices/documents with intent to clear them clandestinely. Accordingly, confiscation and the redemption fine as well as the penalty imposed u/s. 11 AC of Central Excise Act read with Rule 25 of Central Excise Rules, 2002 is absolutely justified.
Facts- The appellant is engaged in the manufacture of copper rods, lead alloys, ingots, re-melted copper ingots, re-melted lead ingots falling under Chapter 74 and 78 of the First Schedule to the Central Excise Tariff Act, 1985.
During the investigation, lead ingots weighing 1926 kgs. approximately valued at Rs.2,31,120/- were found to be unaccounted for at the factory premises, which was kept there for clandestine removal.
Show cause notice dated 12.09.2016 was issued to the appellant as to why the seized goods be not confiscated under Rule 25 of the Central Excise Rules, 2002 and why penal action under Section 11 AC (1)(c) of the Central Excise Act, 1944 be not initiated. Further, penalty was proposed on the Proprietor as well as on the Accountant.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
