1973 (7) TMI 52 - HC - Central Excise

Summary

Issues Involved:
1. Applicability of Rule 147 and Rule 160 of the Central Excise Rules.
2. Exercise of discretion by the Collector under Rule 147.
3. Validity of the undertaking given by the petitioner regarding remission of duty.
4. Adequacy of reasons provided by the Collector for remission of duty.

Detailed Analysis:

1. Applicability of Rule 147 and Rule 160 of the Central Excise Rules:

The petitioner contended that the destroyed tobacco should be considered under Rule 147, which allows the Collector to remit duty in cases of unavoidable accidents. The Collector, however, applied Rule 160, which mandates the payment of full duty if goods are lost or destroyed otherwise than as provided in Rules 143, 147, or 149. The Court agreed that Rule 147 was applicable as the goods were destroyed by an unavoidable accident, but noted that the discretion to remit duty under Rule 147 lies with the Collector.

2. Exercise of Discretion by the Collector under Rule 147:

The petitioner argued that the Collector did not exercise his discretion properly under Rule 147 and should have granted full remission of duty. The Court disagreed, stating that the discretion under Rule 147 allows the Collector to remit duty either in whole or in part, depending on the circumstances. The Court emphasized that the Collector's discretion is not absolute and must be exercised reasonably. The Court found that the Collector did exercise his discretion by remitting half of the duty, which was within his powers under Rule 147.

3. Validity of the Undertaking Given by the Petitioner Regarding Remission of Duty:

The petitioner had given an undertaking stating awareness that no remission of Central Excise duty would be allowed in case of fire accidents in the thatched sheds. The Court noted that while this undertaking did not prevent the petitioner from claiming remission under Rule 147, it was reasonable for the Collector to consider this undertaking when deciding on the extent of remission. The Court found that the Collector was justified in taking the petitioner's undertaking into account while deciding to remit only half of the duty.

4. Adequacy of Reasons Provided by the Collector for Remission of Duty:

The petitioner argued that the Collector did not provide adequate reasons for remitting only half of the duty and that this lack of reasoning should invalidate the order. The Court referred to the case of Padfield v. Minister of Agriculture, Fisheries and Food, which held that discretion must be exercised reasonably and not arbitrarily. The Court found that although the Collector did not explicitly mention Rule 147 in his order, the remission of half the duty indicated that he had exercised his discretion reasonably. The Court concluded that the Collector's decision was not arbitrary and did not warrant interference.

Conclusion:

The Court dismissed the writ petition, stating that the Collector had reasonably exercised his discretion under Rule 147 by remitting half of the duty. The Court found no grounds to quash the orders of the Collector, the Central Board of Excise and Customs, and the Government of India. The writ petition was dismissed without costs.