1991 (3) TMI 138 - HC - Central Excise

Summary

Issues:
Interpretation of Tariff Item 17(4) of the Central Excises and Salt Act, 1944 regarding shells, slides, and hingelids. Jurisdiction of the High Court to entertain a writ application challenging non-compliance with an order of the Appellate Authority. Compliance with appellate orders by Excise authorities.

Interpretation of Tariff Item 17(4):
The petitioner, a cigarette manufacturer, sought clarification on whether shells, slides, and hingelids fall under the exempted category of Tariff Item 17(4) of the Central Excises and Salt Act, 1944. The Assistant Collector initially ruled these items as dutiable, prompting the petitioner to appeal. The Appellate Collector in Calcutta allowed the appeal on 11-3-1983, directing consequential relief within two months. Despite this, the Excise Authorities in Bihar did not refund the excise duty or allow removal of the items without payment, leading to a writ application challenging this issue.

Jurisdiction of the High Court:
The respondents contested the High Court's jurisdiction to entertain the writ application, citing a previous decision. However, the petitioner argued that the jurisdiction exists due to the petitioner's registered office location, the Appellate Authority's location in Calcutta, and the Tribunal's jurisdiction. The Court held that it has jurisdiction to entertain the application as the order forms part of the cause of action, essential for supporting the petitioner's rights in the proceedings.

Compliance with Appellate Orders:
The High Court emphasized the importance of respecting appellate orders, citing judgments from Orissa and Bombay High Courts. It highlighted that as long as an appellate order stands, it must be respected by the authorities. The Court held that the Excise authorities had no justification for non-compliance with the Appellate Authority's order dated 11-3-1983, which had not been challenged. The High Court made the Rule Nisi absolute, ordering compliance with the appellate order and providing a certified copy to the petitioners promptly.