1993 (12) TMI 60 - HC - Central Excise

Summary

Issues:
1. Interpretation of Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 in relation to the collection of Central Excise Duty on manufactured goods.
2. Whether the collection of excise duty at the time of removal of goods constitutes a coercive process against the properties of the industrial company.
3. The applicability of previous judgments in determining the scope of Section 22 of the Act.
4. The relevance of seeking consent from the Board of Industrial and Financial Reconstruction (BIFR) for excise duty recovery.

Detailed Analysis:
1. The petitioner sought a writ to quash an order requiring payment of Central Excise Duty on its products, citing the Sick Industrial Companies Act. The company, declared a Sick Unit, requested duty deferment under a rehabilitation scheme. The court considered the interim injunction plea, where the respondents argued that duty collection rules must be followed, emphasizing Section 11D of the Central Excise Act.
2. The crucial legal question was whether Section 22 of the Act encompasses excise duty collection during goods removal. The court analyzed precedents like Vijay Mills and Modi Spg. Mills cases, highlighting the distinction between coercive actions and routine duty collection. The petitioner relied on the Maharashtra Tubes case, advocating a broad interpretation of "proceedings" under Section 22.
3. Despite the cited judgments, the court examined if excise duty collection qualifies as a coercive process against company properties. It differentiated between salvaging a sick company and routine tax collection, concluding that duty collection does not target company assets. The court clarified that Section 22 aims to protect a company's productive aspects, not impede tax collection.
4. The petitioner argued that seeking BIFR's consent for duty recovery was an option, but the court focused on the lack of a prima facie case for injunction, emphasizing adherence to excise duty rules. The court dismissed the writ petition and vacated the interim order, emphasizing the duty to comply with statutory provisions and ruling against the petitioner's claim for relief.

This detailed analysis of the judgment showcases the court's interpretation of Section 22 of the Act, the distinction between coercive actions and routine tax collection, and the importance of statutory compliance in excise duty matters involving sick industrial companies.