1991 (12) TMI 61 - HC - Central Excise

Summary

Issues:
1. Challenge to the levy of excise duty and compliance procedures under the Central Excises and Salt Act, 1944.
2. Examination of factual aspects by the learned Single Judge.
3. Extension of time for petitioners to make appropriate applications to the Authority concerned.
4. Restraint on levying excise duty and compliance with formalities pending adjudication.
5. Continuation of Bank guarantees and enforcement based on decisions communicated to the petitioners.

Analysis:

1. The writ appeals arose from a common order in a batch of writ petitions where the petitioners challenged the levy of excise duty and compliance procedures under the Central Excises and Salt Act, 1944. The learned Single Judge directed the petitioners to make appropriate applications to the Authority concerned within a specified time frame.

2. The Senior Counsel for the petitioners argued that no factual controversy required investigation, while the Additional Central Government Standing Counsel contended that the Authority needed to examine the nature of transactions. The Court agreed that factual investigation was necessary and should be conducted by the Authority, not the Court under Article 226 of the Constitution of India.

3. The Senior Counsel highlighted that the time limit for making applications had lapsed, requesting an extension. The Court granted an extension of six weeks for the petitioners to submit their applications. It also allowed the continuation of interim orders of injunction subject to the petitioners furnishing Bank guarantees.

4. Pending the adjudication of the applications by the Authority concerned, the Court restrained the respondents from levying excise duty and requiring the petitioners to comply with formalities and procedures of the Excise Rules. The restraint was subject to the condition that the petitioners furnish Bank guarantees in respect of each vehicle.

5. The Court directed that the enforcement of Bank guarantees would be based on the decisions communicated to the petitioners and would stand postponed until such communication. The continuation of Bank guarantees already furnished was ordered until the decisions on the applications were communicated and for a further four weeks. The dismissal of the writ appeals was subject to these directions, with no costs awarded.