2010 (2) TMI 475 - HC - Central Excise

Recovery of dues - Attachment of property - The Assistant Commissioner, Central Excise and Customs has issued notice of attachment of movable/immovable property belonging to the petitioner on the ground that the petitioner has failed to pay sum of Rs. 26,25,000/-. Petitioner contending that Rs. 29 lakhs liable to be paid as per show cause notice and Rs. 14,57,000/- already deposited. Petitioner also liable to duty involved in certain other invoices besides penalty and interest. Held that - assumption of petitioner on dues being Rs. 29 lakhs misplaced and present petition untenable. Reason absent for interfering with attachment order in exercise of jurisdiction.

Summary

Issues:
1. Interpretation of liability under a show cause notice challenged in appeal.
2. Validity of attachment notice for non-payment of dues.
3. Jurisdiction to interfere with the order of attachment in a writ petition.

Analysis:
Issue 1: The petitioner argued that they were only liable to pay a specific amount mentioned in the show cause notice, of which they had already paid a portion. However, the court found that the petitioner was liable for a higher total amount, including duty, penalty, and interest, as confirmed by the appellate authority. The court clarified that the petitioner's assumption regarding the show cause notice amount was incorrect, as the total liability was higher than claimed. The appellate authority had partially ruled in favor of the petitioner but confirmed a significant amount of duty, penalty, and interest to be paid.

Issue 2: The Assistant Commissioner had issued a notice of attachment of the petitioner's property due to non-payment of a specific sum. The court examined the nature of the dues, which included duty, penalty, and interest, totaling a higher amount than initially claimed by the petitioner. The court concluded that the order of attachment for non-payment of the dues was valid, considering the petitioner's liabilities as determined by the appellate authority. The court found no grounds to interfere with the attachment order through a writ petition.

Issue 3: The petitioner requested to withdraw the petition with the liberty to file an appropriate application in the appeal filed by the Department. However, the court did not find merit in this request and dismissed the petition. The court's decision was based on the established liabilities of the petitioner, as determined by the appellate authority, and the lack of grounds to challenge the order of attachment in the writ jurisdiction.