2009 (7) TMI 720 - HC - Central Excise

Order-Finality of- The issue involved in these cases pertain to payment of interest on the delayed payment of arrears of excise duty under Section 11AA of the Central Excise Act, 1944. According to the appellants, they are not liable to pay interest. Held that-appeal against order confirming duty demand dismissed by Supreme Court. Single judge order dismissing arguments against confirmation of duty demand and consequent interest sustainable. Assessment order having attained finality, order on interest legal and valid.

Summary

Issues involved:
1. Dismissal of writ petitions challenging the order dated 12-2-2009 regarding the payment of interest on delayed excise duty under Section 11AA of the Central Excise Act, 1944.
2. Appellants' contention of not being liable to pay interest.
3. Finality of the order passed under Section 11-A of the Act.
4. Validity of the order passed under Section 11-AA of the Act.
5. Entitlement of the appellants to the relief of issuing a writ of mandamus.
6. Applicability of the decision in the case of Swan Mills Limited v. Union of India to the present case.

Analysis:

1. The judgment questions the correctness of the order dismissing the writ petitions filed by the appellants challenging the payment of interest on delayed excise duty under Section 11AA of the Central Excise Act, 1944. The appellants contended that they are not liable to pay interest. The learned single Judge dismissed the pleas after considering legal contentions and reasons presented by the parties.

2. The finality of the order passed under Section 11-A of the Act was a crucial aspect. The appellants had previously challenged the order up to the Apex Court, where their appeal was dismissed. The learned single Judge rightly concluded that the appellants cannot now argue against the order's legality and, consequently, the demand for interest under Section 11-AA of the Act.

3. The judgment emphasized that the order passed under Section 11-A of the Act had attained finality, and thus, the appellants were not entitled to the relief of issuing a writ of mandamus. The legality and validity of the order under Section 11-AA of the Act were upheld, leading to the dismissal of the appeals.

4. The judgment clarified that the decision in the case of Swan Mills Limited v. Union of India was not applicable to the present situation as the assessment under Section 11A of the Act had already achieved finality. The reliance on this case by the appellants' counsel was deemed misplaced.

5. In conclusion, the appeals were dismissed based on the detailed analysis provided by the learned single Judge. The judgment highlighted the lack of merit in the appeals and the appellants' misconceived prayer for relief. The legal and factual considerations led to the dismissal of the appeals with costs incurred by the appellants.