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2007 (7) TMI 316 - HC - Central Excise
Issues:
Application under Section 35-H(1) of the Central Excise Act, 1944 for reference of questions of law arising from Tribunal's order. Analysis: The judgment involves an application made by the Commissioner, Central Excise & Custom, Indore under Section 35-H(1) of the Central Excise Act, 1944, seeking the High Court to direct the Tribunal to refer questions of law arising from the Tribunal's order dated 12-11-2002 in Case No. A/1112-13/02-NB. The Court heard the Assistant Solicitor General for the applicant and noted that the questions proposed by the revenue indeed constitute questions of law that need to be answered by the Court in its reference jurisdiction under Section 35-H(1) of the Act. The Court emphasized that when an issue involves interpretation of a section of the Act on admitted facts and is not squarely covered by higher courts, it qualifies as a question of law for reference. Despite the possibility of the Tribunal's view being upheld on merits, it does not negate the question's nature as a legal one for the Court's consideration. The Court decided to allow the application made by the Revenue and directed the Tribunal to refer two specific questions of law to the Court. The first question pertains to the justification of the Tribunal's decision regarding the utilization of credit of Additional Duty of Excise paid on inputs only for the payment of Additional Excise Duty leviable on final products in the context of Textiles & Textile Articles. The second question questions the Tribunal's decision on the utilization of credit of Additional Duty of Excise paid on inputs for the payment of Additional Excise Duty leviable on final products concerning Goods of Special Importance. The Court instructed the Tribunal to send the statement of the case to the Court within three months along with all relevant documents for further examination. Additionally, the Court ordered the Registry to provide all original papers related to the case to the Tribunal to facilitate the reference process as directed.
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