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1986 (10) TMI 43 - HC - Central Excise
Issues:
Challenge to legality of order advising to pay duty on dross and skimmings under Central Excises and Salt Act, 1944. Availability of alternate remedy under Chapter VIA of the Act. Analysis: The petitioner, a private limited company, challenged an order advising to pay duty on dross and skimmings, contending they are not excisable goods. The order was based on Item No. 68 of the First Schedule, which levied duty on all goods not elsewhere specified. The petitioner argued that dross and skimmings are not manufactured goods. The respondents claimed the petition was premature as the petitioner had not exhausted the alternate remedy under Chapter VIA of the Act. The court noted that the petitioner had not utilized the available remedy, which included appeal options up to the apex court. The court emphasized that the alternate remedy was real and efficacious, and the petitioner had not availed it, making the petition premature. The court highlighted that the petitioner did not appear before the Assistant Collector to contest the duty on dross and skimmings as advised in the order. Citing relevant case law, the court emphasized the importance of exhausting statutory remedies before approaching the court under Article 226 of the Constitution. The court noted that the petitioner's failure to utilize the available alternate remedy under Chapter VIA of the Act led to the dismissal of the petition. The court stressed that the alternate remedy was still open to the petitioner, and the petition could not be entertained without exhausting the statutory remedy. The court rejected the petitioner's argument citing a judgment from the Bombay High Court, emphasizing that the case law referred to a different tariff item and did not apply to the current situation. Despite not expressing an opinion on the duty leviability of dross and skimmings, the court dismissed the petition due to the petitioner's failure to exhaust the available alternate remedy under Chapter VIA of the Act. The court concluded by dismissing the writ petition without any costs, maintaining that the alternate remedy was still open to the petitioner for recourse.
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