1975 (7) TMI 72 - HC - Central Excise

Summary

Issues:
1. Challenge against excise duty imposition on rasching rings.
2. Failure to file revision before Central Government.
3. Classification of rasching rings as porcelainware.
4. Application for impleading Union of India and Assistant Collector.
5. Interpretation of glazed or unglazed criteria for chinaware.
6. Applicability of excise duty under Sub-item (4) of Item 23B.

Analysis:
The judgment pertains to a petition challenging the imposition of excise duty on rasching rings manufactured by the petitioner. The petitioner sought a writ of certiorari against the order passed by the Appellate Collector of Central Excise, which affirmed the order of the Assistant Collector, Central Excise, Indore, imposing excise duty on the said product. The court noted that a revision could have been filed before the Central Government but the petitioner chose to approach the court directly. Despite the petitioner's application for impleading the Union of India and the Assistant Collector, the court rejected the application, deeming the case without merit and bound to fail.

Upon considering the merits of the case, the court found that rasching rings are porcelainwares and do not fall within the definition of chinawares. The petitioner's contention that the rasching rings were unglazed was addressed by clarifying that the test of glaze applies to chinaware only, not porcelainware. Therefore, the taxing authorities were justified in imposing excise duty on the rasching rings under Sub-item (4) of Item 23B of Schedule I to the Central Excises and Salt Act, 1944. The decisions of the Assistant Collector and the Appellate Collector were deemed correct and in accordance with the provisions of the Act, warranting no interference.

In conclusion, the petition was dismissed with costs, and the outstanding amount of the security deposit was ordered to be refunded to the petitioner. The court upheld the imposition of excise duty on the rasching rings as per the relevant classification under the Central Excises and Salt Act, 1944.