2017 (9) TMI 1546 - AT - Central Excise

Assistant Commissioner Faces Contempt Charges for Disobeying Tribunal Order

M/s Tycon Automation Private Ltd. Versus Commissioner of Central Excise & Service Tax, Noida

M/s Tycon Automation Private Ltd. Versus Commissioner of Central Excise & Service Tax, Noida - TMI Issues Involved:Refund of amount deposited during investigation, Willful disobedience by Assistant Commissioner, Contempt proceedings against Assistant Commissioner.Refund of Amount Deposited During Investigation:The appellant filed a Miscellaneous Application seeking refund of the amount deposited during investigation following a Final Order by the Tribunal allowing the appeal and directing refund. The Assistant Commissioner issued a show cause notice and subsequently denied the refund claim, despite clear directions from the Tribunal. The Tribunal directed the Revenue to obtain a report, which confirmed the denial of the refund claim by the Assistant Commissioner. The Tribunal found a case of willful disobedience against the Assistant Commissioner and granted him an opportunity to comply with the order. However, the Assistant Commissioner failed to grant the refund, citing his transfer as a reason. The Tribunal, after considering the explanation provided by the Assistant Commissioner, concluded that he consciously disobeyed the Tribunal's order, leading to interference in the administration of justice. Consequently, the Tribunal decided to refer the case to the High Court for contempt proceedings against the Assistant Commissioner.Contempt Proceedings Against Assistant Commissioner:The Tribunal, after reviewing the explanation provided by the Assistant Commissioner, determined that he deliberately circumvented and disobeyed the Tribunal's order, which amounted to interference in the administration of justice. As a result, the Tribunal decided to refer a statement of case to the Allahabad High Court for initiating appropriate contempt proceedings against the Assistant Commissioner. The Tribunal directed the registry to forward the statement of case along with annexures to the Registrar General of the Allahabad High Court for further action in accordance with the law. The Tribunal concluded the Miscellaneous Application by disposing of it and pronounced the decision in court.This detailed analysis covers the issues related to the refund of the amount deposited during the investigation, the willful disobedience by the Assistant Commissioner, and the subsequent contempt proceedings initiated against the Assistant Commissioner by the Tribunal.