2002 (2) TMI 1303 - HC - VAT and Sales Tax

Summary

Issues:
1. Jurisdiction of the Calcutta High Court in a writ petition regarding Central excise duty investigations.

Analysis:
The writ petition sought relief through a writ of mandamus, requesting the respondents to act in accordance with the law in ongoing investigations against the petitioner and to issue show cause notices if any duty is found payable. The petitioners also sought to restrain the respondents from coercing payment without due process. The petitioners argued that the investigation started with searches at their depot in Howrah within the jurisdiction of the Calcutta High Court, giving the court territorial jurisdiction under Article 226(2) of the Constitution of India.

The petitioners contended that the actions taken by the authorities in Jamshedpur were contrary to law and affected their rights. They argued that the summons issued should be followed by a determination of duty under section 11A of the Central Excise Act, 1944, before payment. The petitioners claimed that they had made payments under coercion and illegal means, despite having a valid case for tolerance in goods transportation.

The Union of India argued that the jurisdiction of the Calcutta High Court could not be invoked as the show cause notice was issued from Jamshedpur, outside the court's jurisdiction. Citing a Supreme Court judgment, they emphasized the need for a nexus with the lis for invoking the writ jurisdiction. Additionally, they contended that interference in summons or investigations was discouraged by the courts.

The court noted the jurisdictional dispute and held that the primary issue was the summons and investigation conducted outside its jurisdiction. It emphasized the importance of forum convenience and the need for a nexus with the lis for jurisdiction. The court dismissed the writ petition on the grounds of jurisdiction, allowing the petitioners to challenge the matter in an appropriate court or forum. No costs were awarded, and certified copies of the order were to be provided to the parties.

In conclusion, the Calcutta High Court dismissed the writ petition based on jurisdictional grounds, emphasizing the need for a nexus with the lis for invoking the court's jurisdiction. The court allowed the petitioners to pursue the matter in a suitable forum and kept all points open for further adjudication.