2016 (11) TMI 503 - HC - Central Excise

No-objection certificate - GIDC - Held that - GIDC cannot refuse No-objection certificate to the petitioner on the ground that the Central Excise Department has been demanding its dues from the petitioner. The prayer and the petition deserves to be allowed by issuing necessary directions to the Gujarat Industrial Development Corporation - petition allowed.

Summary

Issues:
- Petitioner seeking direction for a No-objection certificate from respondent Gujarat Industrial Development Corporation (GIDC).
- Refusal of No-objection certificate by GIDC based on Central Excise Department's claim against the petitioner.
- Interpretation of GIDC's authority to refuse No-objection certificate based on dues of Central Excise Department.

Analysis:
The petitioner, an allottee of plots by GIDC, requested a No-objection certificate which was denied due to a claim by the Central Excise Department against the petitioner. The Corporation justified its refusal citing communication from the Excise Department regarding the dues. The Court heard arguments from both parties and the Central Excise Department, noting a similar case where GIDC refused a No-objection certificate based on unpaid dues. The Court emphasized that GIDC, as a statutory Corporation, can only demand dues it is entitled to as per lease terms, not dues of other departments. The Court directed GIDC to issue the No-objection certificate, stating that GIDC cannot refuse it based on the Excise Department's demands.

The judgment clarified that GIDC's authority is limited to seeking satisfaction of its own dues before transferring property, not collecting dues of other entities like the Central Excise Department. The Court emphasized that GIDC must comply with the law and effect property transfer once all formalities are met by the petitioner. The ruling directed GIDC to issue the No-objection certificate to the petitioner, emphasizing that GIDC's role is to recover its own dues in accordance with the law, not those of other departments.

In conclusion, the petition was allowed, and the rule was made absolute without any costs. The petitioner was granted the necessary directions for obtaining the No-objection certificate from GIDC, with the Corporation instructed to process the application in line with the Court's order. The judgment highlighted the importance of GIDC adhering to its statutory obligations and refraining from refusing certificates based on dues not within its purview.