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Issues involved: Challenge to show cause notice u/s 11A of the Central Excises and Salt Act, 1944 exceeding six months period.
Summary: The High Court of Gujarat at Ahmedabad, in the case of a challenge to a show cause notice dated 15th January, 1987, issued by the Superintendent of Central Excise and Customs, Baroda, called upon the Petitioner to show cause regarding the duty of excise for the period from 1st January, 1981 to 30th November, 1986, amounting to Rs. 73,49,298.89 Ps. The notice invoked sub-rule (1) of Rule 173Q of the Central Excise Rules, 1944. The main contention was that the Superintendent lacked the authority to issue the notice for a period exceeding six months as per the proviso to Section 11A of the Act. Section 11A of the Act empowers a Central Excise Officer to serve a notice within six months from the relevant date on the person chargeable with duty unpaid, requiring them to show cause. The proviso to this section extends the time limit to five years in cases of fraud, collusion, wilful misstatement, or contravention with intent to evade duty payment. As the duty demanded in this case covered a period beyond six months, the Department intended to invoke the proviso. The Court held that only the Collector of Central Excise could issue a show cause notice in such cases, not the Central Excise Officer. Therefore, the notice in question was deemed illegal and in contravention of Section 11A of the Act. In conclusion, the petition succeeded, and the impugned notice dated 15th January, 1987, was quashed and set aside by the High Court of Gujarat at Ahmedabad. The rule was made absolute with no order as to costs.
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