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1991 (2) TMI 135 - HC - Central Excise
Issues: Classification of switches under Tariff Item No. 61 or Tariff Item No. 68; Compliance with appellate order in classification dispute; Quashing of impugned order of Assistant Collector/Appropriate Authority.
In this case, the petitioner, a manufacturer of dry cell battery torches, challenged the classification of switches used in the torches under Tariff Item No. 61 by the Assistant Collector/Appropriate Authority. The petitioner argued that the switches should be classified under Tariff Item No. 68, which has a lower duty rate. The Appellate Collector set aside the Assistant Collector's order due to lack of reasoning and directed a fresh decision after giving the petitioner an opportunity to present its case fully. The Assistant Collector then reexamined the matter but issued a cryptic order influenced by a trade notice, failing to address the petitioner's contentions adequately. The petitioner contended that the impugned order did not comply with the directions in the appellate order and was primarily based on the trade notice, lacking a detailed analysis of the case. On the other hand, the Revenue's counsel argued that the writ petition was misconceived as the petitioner had an alternative remedy through an appeal process. However, the High Court found that the Assistant Collector's order did not adhere to the appellate directions, emphasizing the quasi-judicial nature of the Assistant Collector's function, which required proper consideration of all material presented. The High Court, after reviewing the impugned order and considering the lengthy pendency of the case, concluded that the order was not in line with the appellate directions and quashed it. The Assistant Collector/Appropriate Authority was directed to dispose of the matter within six weeks, ensuring a fair hearing for the petitioner without adjournments. The court allowed the writ petition, emphasizing that the petitioner must produce a certified copy of the order before the Assistant Collector/Appropriate Authority promptly. The judgment was delivered in favor of the petitioner, with no costs imposed on either party.
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