1995 (11) TMI 108 - HC - Central Excise

Summary

Issues Involved:

1. Jurisdiction of the Collector to issue a third show-cause notice under Proviso to sub-section (1) of Section 11A of the Central Excises and Salt Act, 1944.
2. Justification for the third show-cause notice in light of previous adjudications.
3. Allegations of wilful misstatement and unjust enrichment.

Issue-wise Detailed Analysis:

1. Jurisdiction of the Collector to Issue a Third Show-Cause Notice:

The court examined whether the Collector had jurisdiction to issue a third show-cause notice after the matter had already been adjudicated twice. The court noted that the Company had disclosed all relevant material particulars to the Excise Authorities. The Collector, Belgaum, had informed the Company on February 15, 1988, that Phase-II unit was entitled to the benefit of the exemption notification. This decision was made after officers visited the unit and confirmed it was a separate entity.

The court emphasized that the order of adjudication must acquire finality, whether passed by the Assistant Collector, Collector in appeal, CEGAT, or the Supreme Court. The court found it impossible to accept the Department's contention that powers under Section 11A are so wide as to bypass the order of adjudication. The issuance of the third show-cause notice was deemed without jurisdiction and an improper exercise of power.

2. Justification for the Third Show-Cause Notice:

The court scrutinized the justification for issuing the third show-cause notice, given the previous adjudications. The Department had issued two prior show-cause notices, and both adjudications concluded in favor of the Company. The court found it difficult to understand how a third show-cause notice could be justified, especially since the Department did not challenge the previous orders of adjudication.

The court noted that the reasons given in the third show-cause notice were not new and had already been addressed in the earlier adjudications. The court held that merely because some officer in the Department did not like the decision, it could not confer jurisdiction to issue the third show-cause notice.

3. Allegations of Wilful Misstatement and Unjust Enrichment:

The third show-cause notice alleged that the Company had secured a refund by wilful misstatement, leading the Department to treat Phase-II unit as an independent factory. The court found these allegations to be false and misleading. The court noted that the Company had kept all relevant information before the Revenue authorities, who had inspected the factory and confirmed that Phase-II was an independent unit.

The court also addressed the allegation of unjust enrichment, which had been raised and adjudicated in the first proceedings, resulting in a finding in favor of the Company. The Department accepted this finding and did not appeal. Therefore, it was not permissible to reopen this issue under the pretext of misstatements.

Conclusion:

The court concluded that the third show-cause notice was without jurisdiction and based on unsustainable grounds. The learned Single Judge's decision to allow the continuation of the third show-cause notice was deemed erroneous. The appeal was allowed, and the judgment dated February 24, 1992, was set aside. The petition was allowed, and the third show-cause notice was quashed. The court emphasized the principle of finality of decisions and held that it cannot be disregarded merely because some officer in the Department disagreed with the adjudicating authority's orders.