1996 (8) TMI 127 - HC - Central Excise

Summary

Issues:
Jurisdiction and power conferred by Rule 230(2) of the Central Excise Rules, 1944 for attaching duty-paid goods.

Detailed Analysis:

1. The petitioner, a dealer in G.T.C. Brands of cigarettes, challenged an order of attachment issued by the Assistant Commissioner of Central Excise under Rule 230(2) of the Rules. The petitioner contended that duty-paid goods cannot be attached under this rule, seeking a declaration that the order was illegal and arbitrary.

2. The Assistant Commissioner justified the attachment order to recover arrears of revenue from M/s. G.T.C. Industries Limited, from whom the petitioner purchased duty-paid goods. However, the petitioner argued that the goods were not liable for attachment as they were duty paid.

3. The petitioner's counsel argued that the impugned order was ultra vires and illegal since duty-paid goods cannot be attached under Rule 230(2). On the other hand, the Central Government's Standing Counsel asserted that the attachment was to recover arrears of duty from the petitioner as the successor in business of M/s. G.T.C. Industries Limited.

4. Rule 230(2) allows for the attachment of excisable goods when certain conditions are met, including a change in business ownership and unpaid duty on the goods. The rule specifies that goods in the possession of a succeeding person can be attached to recover the duty due from the previous producer or dealer.

5. The impugned order of attachment issued by the Assistant Commissioner did not satisfy the requirements of Rule 230(2). It did not establish a transfer of business to the petitioner, nor did it mention unpaid duty on the goods. As a result, the court found the order to be without jurisdiction, arbitrary, and lacking legal authority.

6. Consequently, the court declared the impugned order as illegal and directed the respondents to release the attached goods. The Writ Petition was allowed with costs, and the advocate's fee was fixed at Rs. 1,000.

This judgment clarifies the conditions under which excisable goods can be attached under Rule 230(2) of the Central Excise Rules, emphasizing the necessity to fulfill specific requirements to exercise such powers lawfully.