1986 (1) TMI 114 - HC - Central Excise

Summary

Issues:
1. Whether the value of articles purchased and supplied by the petitioner should be included in the excise duty calculation.
2. Whether the petitioner is entitled to exemption under notification No. 105/80.
3. Whether the tribunal should grant interim relief to the petitioner.
4. Whether the tribunal's refusal to grant stay on the recovery of excise duty was justified.

Analysis:
The petitioner-firm sought writs to quash orders by the tribunal demanding excise duty deposit during an appeal. The main issue was whether the value of purchased articles should be part of excise duty calculation under tariff item 68. The petitioner argued no duty was owed due to lack of processing, relying on exemption notification No. 105/80. The Collector disagreed, leading to an appeal before the tribunal seeking interim relief from duty payment during appeal proceedings.

The tribunal denied interim relief, noting the petitioner's profit and lack of undue hardship. A subsequent review application was rejected as untimely. The petitioner then approached the High Court for relief. The court, after hearing both sides, issued specific directions to address the matter effectively. The petitioner was ordered to deposit a sum and provide an undertaking regarding factory transfer. The tribunal was instructed to expedite the main appeal's hearing and disposal by a specified date.

The court's directions aimed to ensure justice, save time, and avoid costs. It clarified that the tribunal's refusal of interim relief did not prevent the petitioner from presenting necessary justifications in the future. The judgment disposed of the petition, with the rule made absolute and no costs imposed. The court's decision provided a balanced approach to address the issues raised by the petitioner while maintaining procedural fairness and efficiency in the legal process.