2013 (11) TMI 1575 - HC - Central Excise

High Court clarifies liability on delivery charges despite Supreme Court ruling, emphasizes independent judgment

HINDUSTAN PETROLEUM CORPN. LTD. Versus COMMISSIONER OF CENTRAL EXCISE

The Karnataka High Court addressed the issue of liability to pay duty on delivery charges collected by HPCL's bottling units from dealers. Despite a ... - Issues involved: Interpretation of liability to pay duty on delivery charges collected by HPCL's bottling units from dealers.Summary:The Karnataka High Court addressed the issue of whether the assessee is liable to pay duty on delivery charges collected by HPCL's bottling units from dealers. The Tribunal had previously answered this question in an order dated 25-10-2005, affirmed by the Supreme Court. Despite this, the Revenue continued to demand payment, leading to the assessee filing an appeal seeking relief. The Tribunal granted a stay subject to the condition of paying 50% of the duty. However, the Tribunal failed to consider the earlier judgment affirmed by the Apex Court, which should have influenced their decision. The High Court set aside the interim order of the Tribunal, emphasizing that such actions by the Revenue encourage unnecessary appeals, and the Tribunal should decide the case on its merits in accordance with the law and previous judgments without being influenced by the High Court's observations.In conclusion, the High Court allowed the appeal, set aside the impugned order, clarified that it would not act as a precedent in other cases, and directed the Tribunal to decide the case on its merits without being influenced by the High Court's order but in consideration of the judgments passed by the Tribunal and the Supreme Court.