1989 (5) TMI 74 - HC - Central Excise

Summary

Issues Involved:
The appeal arises from a Writ Petition challenging an order of the Central Excise and Gold (Control) Appellate Tribunal regarding the pre-deposit requirement of excise duty and penalty.

Facts and Decision:
The appellant's claim for exemption under Notification No. 23/55 was rejected by the competent authority, leading to a demand for excise duty and penalty. The Tribunal dispensed with the pre-deposit requirement for penalty but not for duty. The Tribunal's decision was based on the merits of the case and the financial position of the appellant. The appellant argued that the benefit of exemption should apply irrespective of end use, citing a decision of the Tribunal at New Delhi. The Revenue confirmed acceptance of the Tribunal's decision. The High Court found that the Tribunal should have dispensed with the pre-deposit requirement due to the appellant's case aligning with the Tribunal's previous decision, preventing undue hardship. Citing legal precedents, the High Court emphasized the duty of public authorities to exercise discretionary powers when legal rights are at stake.

Judicial Pronouncements:
The High Court referred to the House of Lords decision in Julius v. Lord Bishop of Oxford and the Supreme Court's ruling in L. Hirday Narain v. Income Tax Officer, emphasizing the duty of public officers to exercise authority when legal rights are involved. These pronouncements highlight the obligation to exercise discretionary powers to enforce citizens' rights.

Judgment:
The High Court allowed the appeal, quashing the Trial Court's decision and directing the Tribunal to entertain and decide the appeal without the pre-deposit requirement for excise duty and penalty. All parties and the Tribunal were instructed to act on the signed copy of the operative part of the Judgment.