1990 (10) TMI 81 - HC - Central Excise

Summary

Issues:
1. Jurisdiction of the High Court in Writ Appeals under clause 15 of the Letters Patent.
2. Interpretation of items under the Central Excise Tariff.
3. Availability of alternative remedies under the Central Excises and Salt Act.
4. Consideration of alternative remedies in Writ Petitions.
5. Delay in seeking alternative remedies and condonation of the same.

Analysis:

1. The judgment pertains to Writ Appeals filed under clause 15 of the Letters Patent challenging an order of a Single Judge. The Single Judge had held that the appellants had alternative remedies under the Central Excises and Salt Act, particularly after the constitution of the Tribunal in 1982. The appellants contended that the High Court had jurisdiction to decide on the interpretation of items under the Central Excise Tariff, despite the availability of alternative remedies.

2. The writ petitions were initially filed after the Assistant Collector of Central Excise classified the disputed items under Tariff Item 30-D. The appellants argued that the matter involved the interpretation of whether the products fell under Tariff Item 30-D or Tariff Item 68, which should have been considered by the Single Judge instead of directing them to seek alternative remedies.

3. The appellants highlighted that the Single Judge's decision was based on the existence of effective remedies after the constitution of the Tribunal. However, they argued that the interpretation of statutory provisions should not preclude the High Court from exercising jurisdiction. The appellants emphasized that the availability of alternative remedies should only be a factor in entertaining Writ Petitions, not in their final disposal.

4. The appellants referenced legal precedents to support their argument that the High Court could entertain Writ Petitions involving the interpretation of fiscal statutes, even if alternative remedies existed. They contended that the Single Judge should have considered the interpretation and factual aspects of the case before directing them to exhaust alternative remedies.

5. Despite the delay in seeking alternative remedies, the High Court directed the appellate authority to condone the delay in filing appeals in good faith. The appellants were given four weeks to present their appeals, and the appellate authority was instructed to dispose of the appeals on merits within three months from the date of presentation.

In conclusion, the Writ Appeals were dismissed, emphasizing the importance of exhausting alternative remedies while considering the interpretation of statutory provisions under the Central Excise Tariff.