1982 (11) TMI 49 - HC - Central Excise

Appeal - Whether can be entertained without depositing duty or penalty - Writ jurisdiction - Powers of Appellate Tribunal - Alternative remedy

Summary

Issues:
1. Challenge to the levy of Excise duty on the outer shed as a container.
2. Contention regarding the directive issued by the Central Board of Excise & Customs.
3. Availability of alternative remedy under the Act.
4. Impact of the amendments to the Excises & Customs Act.
5. Exercise of jurisdiction under Article 226 despite the availability of an alternative remedy.
6. Consideration of circumstances for interference under Article 226.
7. Irreparable injury if petitioner resorts to the alternative remedy.

Analysis:
1. The judgment addressed the challenge to the levy of Excise duty on the outer shed, considered a container by the Excise Authorities. The issue was whether the outer shed, with a slide inserted, falls under Tariff Item No. 17(4) of the Central Excises and Salt Act, 1944.
2. The directive issued by the Central Board of Excise & Customs was a key point of contention. The petitioner argued that the directive rendered the alternative remedy under the Act futile, as the appellate authorities would be bound by the directive.
3. The respondents contended that alternative remedy was available under the Act, emphasizing the establishment of two independent appellate authorities post-amendments to the Excises & Customs Act.
4. The judgment discussed the impact of the amendments to the Excises & Customs Act, particularly highlighting the establishment of Collector (Appeals) and the Appellate Tribunal as independent authorities.
5. Despite the availability of an alternative remedy, the judgment elaborated on the circumstances under which the Court may exercise jurisdiction under Article 226, emphasizing instances where the alternative remedy may not be adequate.
6. The judgment considered various grounds for interference under Article 226, as discussed in previous cases, including lack of jurisdiction, violation of natural justice, error of law, and inadequacy of statutory remedy.
7. The Court found that requiring the petitioner to resort to the alternative remedy would cause irreparable injury, especially considering the time-bar on filing an appeal due to the directive issued by the Central Board. Consequently, the interim orders were confirmed to prevent injustice to the petitioner.