2006 (4) TMI 141 - HC - Central Excise

Summary

Issues:
1. Refund of excise duty for the period 1-4-1986 to 24-4-1986.
2. Dismissal of appeals No. 72/92 and 73/92 by the Appellate Authority.

Refund of Excise Duty (1):
The petitioner, a manufacturer of evaporative coolers, sought a refund of excise duty paid for the period 1-4-1986 to 24-4-1986 after an exemption notification was issued on 24-4-1986, increasing the turnover limit for exemption to Rs. 15 lacs. The petitioner argued that the exemption should apply for the entire financial year 1986-87. However, the court held that the exemption was prospective from the date of issuance and not retrospective, thus denying the refund for the period before 24-4-1986.

Dismissal of Appeals (2):
The petitioner filed a joint appeal instead of separate appeals against three orders (P-8), (P-9), and (P-10), leading to the dismissal of appeals No. 72/92 and 73/92 by the Appellate Authority on the grounds of delay. The court acknowledged the technical flaw in filing a joint appeal and directed the Appellate Authority to consider the appeals on merit, emphasizing that the delay should have been condoned due to the petitioner being directed to the alternative remedy by the court. Consequently, the court set aside the orders dismissing the appeals as barred by limitation and instructed the Appellate Authority to decide appeals No. 72/92 and 73/92 on their merits, while dismissing the writ petition concerning other orders.

This judgment clarifies the application of exemption notifications in excise duty cases and highlights the importance of procedural compliance in filing appeals to avoid dismissal on technical grounds.