1974 (1) TMI 105 - HC - Central Excise

Court orders refund of excess excise duty on textiles, stresses timely appeals resolution

The court decreed in favor of the petitioner, granting refunds for the excess excise duty collected on cotton textiles. The court criticized the undue ... - Issues:1. Discrepancy in excise duty rates for different types of cloth.2. Delay in deciding appeals by the Collector of Central Excise.Analysis:Issue 1: Discrepancy in excise duty rates for different types of clothThe petitioner, an incorporated company engaged in manufacturing and selling cotton textiles, contested the imposition of excise duty on scoured cloth at the rate applicable to processed cloth, which was higher than that of grey cloth. Despite representations and legal actions taken by the petitioner against the enhanced duty, the Excise inspector continued to issue demand notices at the higher rate. The petitioner filed suits against the Union of India for recovery of the excess duty collected. The suits were decreed in favor of the petitioner, leading to refunds for the period covered. However, the demand at the enhanced rates persisted for subsequent periods, leading to further objections and appeals. The petitioner sought a mandamus directing the concerned authorities to decide these pending appeals.Issue 2: Delay in deciding appeals by the Collector of Central ExciseThe judgment highlighted that the Collector of Central Excise, when hearing appeals, performs a quasi-judicial function. It emphasized the importance of expeditiously deciding pending cases to ensure justice is not denied to litigants. The court criticized the undue delay in deciding the appeals filed by the petitioner, noting that the reasons provided by the authorities for the delay were unsatisfactory and lacked valid legal justification. The judgment concluded by allowing the writ petition and directing the respondent to decide the pending appeals within six weeks from the submission of detailed particulars by the petitioner, emphasizing the need for adherence to fair play and timely resolution of legal matters to maintain public confidence in the judicial system.