2003 (11) TMI 106 - HC - Central Excise

Summary

Issues:
Challenge against orders of Superintendent, Central Excise; Availability of alternative remedy under Section 35 of the Central Excise Act; Proper jurisdiction of High Court in tax matters.

Analysis:
The writ petition was filed challenging multiple orders issued by the Superintendent, Central Excise, directing the petitioner to apply for a license for compounded rubber, fulfill excise formalities, and clear goods on payment of excise duty. These orders included requests for information and compliance with excise regulations. The High Court noted that all these orders could have been challenged before the Commissioner, Central Excise under Section 35 of the Central Excise Act, emphasizing the availability of an alternative remedy.

Citing previous Supreme Court decisions, the High Court highlighted the principle that in tax matters, it is not appropriate for the High Court to bypass statutory appeal or revision mechanisms. Referring to cases like Titaghur Paper Mills v. State of Orissa and Assistant Collector of Central Excise v. Dunlop India Ltd., the Court emphasized that Article 226 of the Constitution should not be used to circumvent statutory procedures. The Supreme Court had previously emphasized the hierarchy of authorities provided by the Act for redressal of grievances, and the need to follow the prescribed modes of challenge.

Consequently, the High Court dismissed the petition on the grounds of the availability of an alternative remedy under Section 35 of the Central Excise Act. The interim order previously granted was also vacated. The Court expressed regret over entertaining the petition when a clear alternative remedy was available, cautioning against interference in tax matters where statutory avenues for appeal exist. Despite the dismissal of the petition, the Court acknowledged the impact of the interim order that had been in place for about 12 years, noting that the petitioner had effectively won the case due to the interim relief granted.

In conclusion, the High Court stressed the importance of respecting the statutory framework and hierarchy of authorities in tax matters, advising against the unnecessary interference of the High Court when alternative remedies are accessible. The judgment underscored the significance of following prescribed procedures for challenging orders in excise matters and refraining from using Article 226 to bypass statutory mechanisms.