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2014 (11) TMI 1007 - HC - Central ExciseThe Tribunal hastily disposed of the appeal while hearing on the stay application - Retrospective withdrawal of exemption - industrial policy granting certain concessions to the north-eastern region of India - Tobacco Company - appeal against the direction to make payment of excise duty from July, 2000 onwards till then with interest at the rate of 24 per cent - Held that - l. The substantial questions of law have to be framed depending upon the decision of the Tribunal, on merits. It is not a writ proceedings where this Court can exercise its jurisdiction - irrespective of the technicalities - to go into the questions and to decide without the need for remand. The Tribunal should apply its mind and decide the appeal with reference to the material facts and the law applicable and thereafter the further question would arise. - since the Tribunal did not dispose of the appeal on merits it is just and proper that the matter be remanded to the Tribunal for fresh consideration. - Matter restored before the tribunal.
Issues:
1. Challenge to show cause notice for payment of excise duty. 2. Validity of withdrawal of exemptions retrospectively under Section 154 of the Finance Act, 2003. 3. Appeal against the order of the Customs, Excise and Services Tax Appellate Tribunal. 4. Substantial questions of law raised before the Supreme Court. 5. Consideration of substantial questions of law and remand to the Tribunal for fresh consideration. Issue 1: Challenge to show cause notice for payment of excise duty The appellant, a tobacco company, claimed a refund of excise duty under an industrial policy granting exemptions to certain goods, including cigarettes. The claim was initially rejected, leading to a show cause notice for payment of excise duty. The matter was challenged in a writ petition, where the single Judge passed an interim order directing the refund, which was not initially granted. Eventually, the show cause notice was quashed, and the refund order was confirmed, with a subsequent writ appeal by the department also being dismissed. Issue 2: Validity of withdrawal of exemptions retrospectively under Section 154 of the Finance Act, 2003 An amendment to Section 154 of the Finance Act, 2003 withdrew exemptions retrospectively. Following a Supreme Court decision upholding the constitutional validity of this amendment, the Central Excise Commissioner revived the earlier notice and directed payment of excise duty from a specified period with interest. The appellant, aggrieved by this order, filed an appeal before the Customs, Excise and Services Tax Appellate Tribunal, which dismissed the appeal based on the Supreme Court's decision. Subsequent appeals to the High Court and Supreme Court were also unsuccessful. Issue 3: Appeal against the order of the Customs, Excise and Services Tax Appellate Tribunal The appellant filed an appeal under Section 35G of the Central Excise Act, challenging the Tribunal's decision. The Supreme Court admitted the appeal for consideration based on substantial questions of law, including the correctness of the Tribunal's actions, the application of relevant provisions, and compliance with natural justice principles. The High Court's failure to answer these questions led to a remand for fresh consideration by the Tribunal. Issue 4: Substantial questions of law raised before the Supreme Court The Supreme Court considered substantial questions of law raised in the appeal, emphasizing the importance of addressing these questions for a proper adjudication. The Court highlighted the necessity of framing substantial questions of law based on the Tribunal's decision on merits, rather than hastily disposing of the appeal during a stay application hearing. Issue 5: Consideration of substantial questions of law and remand to the Tribunal for fresh consideration After thorough consideration, the Court determined that the matter required a remand to the Tribunal for fresh consideration based on the Tribunal's failure to decide the appeal on merits. The Court emphasized the need for a proper assessment of facts and applicable law by the Tribunal before further proceedings could be determined. Consequently, the appeal was partly allowed, and the matter was remanded to the Tribunal for reconsideration in accordance with the law.
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