1983 (10) TMI 62 - HC - Central Excise

Summary

Issues:
Challenge to imposition of excise duty on skelp purchased from Tata Iron and Steel Company Ltd.

Analysis:
The petitioner, a private limited company manufacturing box strapping and C.R.C.A. strips, challenged the imposition of excise duty on skelp purchased from Tata Iron and Steel Company Ltd. The dispute centered around whether the material purchased was skelp or H.R. strips. The Joint Plant Committee, a Government of India undertaking, played a crucial role in fixing rates for the supply of materials to the petitioner. The price fixed by the Joint Plant Committee included excise duty, which was Rs. 487.50 per ton as per Announcement No. 101. The Supreme Court had previously ruled on a similar matter in Union of India v. Tata Iron and Steel Co. Ltd., emphasizing the need to define the products clearly for excise duty purposes to avoid arbitrary assessments.

The petitioner had paid Rs. 487.50 as excise duty for cold rolled strips based on the Supreme Court judgment. The excise authorities argued that the petitioner should pay the difference between Rs. 568.71 and Rs. 81 per ton, the latter being the amount paid under a stay order issued by the Court. However, the Court held that as the Joint Plant Committee's letter clearly stated that the price included excise duty, and the petitioner had already paid Rs. 81.25 per metric ton under Court orders, no further payment was due to the excise department.

Regarding the argument that the petitioner should recover the excise duty from Tata Iron and Steel Company Ltd. through a civil suit, the Court rejected this notion. It stated that it was the responsibility of the Union of India to recover the money from Tata Iron and Steel Company Ltd., as the latter had accepted the money as excise duty, a price fixed by the Joint Plant Committee. Therefore, the Court made the rule absolute in favor of the petitioner, with no order as to costs.