1985 (10) TMI 103 - HC - Central Excise

Summary

Issues:
1. Whether the product in question falls under Tariff Item No. 33(2)?
2. Does the High Court have jurisdiction under Article 226 of the Constitution to quash the orders made by respondents 2 to 4?

Analysis:

1. The petition challenged the refusal to exempt the petitioners from the levy prescribed by Tariff Item No. 33(2) of the Central Excise Tariff. The petitioners, engaged in manufacturing water treatment plant components, contended that the specific product in question, referred to as an "agitator," "compressor," or "air-blower," did not qualify as an electric fan under Tariff Item No. 33(2). The Excise Department seized three such products during testing, leading to a show cause notice for duty and penalty. Despite the petitioners' arguments, the authorities upheld the product's classification under Tariff Item No. 33(2. The High Court analyzed the product's design and function, referencing relevant case law and the Encyclopaedia of Science and Technology to determine that the product did not meet the criteria of an electric fan as per the tariff item.

2. The Court addressed the jurisdictional aspect under Article 226 of the Constitution to quash the orders made by the excise authorities. The respondents argued that the High Court lacked the authority to overturn their decision. However, the Court cited precedent where it was established that if an item is found not liable to central excise duty based on the interpretation of the tariff item, the High Court can intervene under Article 226. The Court concluded that the excise authorities had wrongly classified the product and ordered the quashing of their orders. The petitioners were granted a refund of the deposited amount, and the respondents were restrained from enforcing the duty notice issued in 1974. The Court clarified that the order would not take effect immediately to allow the respondents time to appeal.

This detailed analysis of the judgment from the High Court of Bombay highlights the key legal arguments, interpretations of relevant tariff items, and the Court's decision on the issues raised in the petition under Article 226 of the Constitution.