1990 (7) TMI 127 - HC - Central Excise

Summary

Issues:
Challenge to order of remand by Customs Excise and Gold (Control) Appellate Tribunal regarding levy of duty on precipitated chalk under Central Excise Tariff. Interpretation of Notification No. 23/55 for exemption of excise duty. Validity of Show Cause Notice issued by Collector of Central Excise, West Bengal.

Analysis:
The petitioner sought a writ of prohibition against the respondents from acting on the order of the Tribunal and the notice issued by the Collector regarding the levy of excise duty on precipitated chalk. The Collector had decided to levy duty on the chalk under a specific item of the Central Excise Tariff, prompting the Board to remand the case for further investigation into the chalk's use. Subsequently, the matter went before the Tribunal, which remanded it back to the Collector, emphasizing the need for a detailed assessment before denying any exemption. The Tribunal's decisions in other cases favored the benefit of end-use for precipitated chalk, which was acknowledged by the Court.

The Central Government had filed special leave petitions against some Tribunal orders but later withdrew them, indicating a lack of challenge to the Tribunal's findings. The Court, considering the Tribunal's consistent stance on the exemption for precipitated chalk, deemed it unnecessary to remit the matter back to the Tribunal. The Show Cause Notice highlighted the grounds for recovering the duty, emphasizing the excisability of the product based on its use in various industries and the specific provisions of Notification No. 23/55.

In light of the Tribunal's findings and the Court's acceptance of those findings, the action taken by the Collector was deemed reasonable. Consequently, the Court allowed the writ petition, making the rule absolute in favor of the petitioner as per the prayers made in the petition.