1993 (7) TMI 85 - HC - Central Excise

Summary

Issues:
1. Interpretation of exemption notifications for Caprolactum import duty.
2. Refund of excess duty paid by petitioners.
3. Show-cause notice for short levy of duty.
4. Power of Collector of Central Excise to call for appeal.

Analysis:
1. The petitioners imported Caprolactum between September 1979 and February 1980 and paid duty at the rate of 25% ad valorem, ignoring an exemption notification dated December 4, 1979. The Central Government had issued notifications providing exemptions on the duty leviable on Caprolactum. The appellate authority allowed the petitioners' appeals for refund of excess duty, acknowledging the error in levying duty at 25% instead of the correct rate of 23% ad valorem as per the exemption notification.

2. While the refund applications were pending, a show-cause notice was issued by the Superintendent for alleged short levy of duty. However, the Collector of Appeals held that the duty payable was only 23% as per the exemption notification, leading to the withdrawal of the show-cause notice. The petitioners had already received the refund based on the appellate authority's order, which had attained finality, making the demand notice redundant.

3. Subsequently, the Collector of Central Excise directed the Assistant Collector to file an appeal against the withdrawal of the demand notice, citing reasons related to the manufacturing process of Caprolactum. The court found this action unnecessary and held that since the duty rate issue had been settled and the refund paid, there was no basis for the Collector to call for an appeal, leading to the setting aside of the Collector's order.

4. The court concluded that the Collector's order directing the appeal was unwarranted, as the duty rate issue had been resolved through the refund process based on the appellate authority's decision. The court set aside the Collector's order, noting that no purpose would be served by pursuing an appeal in this case, and clarified that the decision did not delve into the merits of the reasons provided by the Collector for reopening the demand notice.

In summary, the court ruled in favor of the petitioners, setting aside the Collector's order and the appeal initiated based on that order, emphasizing that the issue of duty rate had been conclusively addressed through the refund process, making the appeal redundant.