1982 (11) TMI 50 - HC - Central Excise

Summary

Issues:
Challenge to imposition of excise duty on electronic products, Validity of order passed by Assistant Collector, Communication of order to petitioners, Jurisdiction of successor to revise order, Entitlement to refund of deposited amount.

Analysis:

1. The petitioners, manufacturers of electronic products, challenged the imposition of excise duty on their products under Item 37A of the Central Excises and Salt Act. The petitioners filed a petition in the High Court, which was dismissed by a single judge. An appeal was then filed before the Division Bench, leading to a direction for depositing the excise duty amount in court and restraining the government from taking any action until the issue was resolved.

2. Subsequently, an amendment to the Tariff Act brought the petitioners' products under a newly inserted item, making them liable for excise duty. The Division Bench directed the Assistant Collector to hear the petitioners on the excisability of their products for a specific period and to invest the deposited amount in fixed deposits.

3. The Assistant Collector issued a show cause notice, and after hearings and factory visits, passed an order on December 31, 1979, holding that the petitioners' products were not liable for excise duty for a certain period. The petitioners claimed they learned of this order in March 1980.

4. The successor of the Assistant Collector, upon learning of the order, decided to hold a fresh inquiry, prompting the petitioners to approach the High Court under Article 226, contending the re-hearing was illegal.

5. The High Court examined the situation and found that the order signed by the Assistant Collector on December 31, 1979, was valid and in force, even though it was not communicated to the petitioners. The successor's view that the order needed reevaluation was deemed erroneous, and the petitioners were granted relief as sought.

6. Consequently, the High Court ruled in favor of the petitioners, making the rule absolute and allowing them to seek a refund of the deposited amount. The Assistant Collector was directed to pay the costs of the petition.