1989 (10) TMI 59 - HC - Central Excise

Court rectifies Excise Department's misclassification, emphasizes proper procedures for quasi-judicial decisions.

KAMLAKSHI FINANCE CORPORATION LTD. Versus UNION OF INDIA

KAMLAKSHI FINANCE CORPORATION LTD. Versus UNION OF INDIA - 1990 (47) E.L.T. 231 (Bom.) Issues involved: Failure to file return, improper classification by Excise Department officers, misuse of quasi-judicial powers, unsatisfactory manner of conducting duties.In this judgment, the High Court of Judicature at Bombay addressed the issue of failure to file a return in a case where the Excise Department officers had improperly classified a product, disregarding decisions of higher authorities. The Court noted the officers' tendency to prioritize revenue collection over proper classification, leading to a lack of discipline and misuse of quasi-judicial powers. The case involved an order by an Assistant Collector classifying a product under a different heading than claimed by the assessee, despite a previous decision in favor of the assessee by the Appellate Collector. Subsequent orders on remand failed to provide adequate reasoning and ignored relevant decisions, indicating incompetence and indiscipline among the officers.The Court found the conduct of the officers unacceptable and lacking in proper understanding of legal precedents. Instead of a simple remand, the Court decided to quash the latest order and directed the Department to assign the matter to a competent officer for a proper decision. Additionally, the Court ordered the Department to pay costs to the petitioner as compensation for harassment, and directed the levy of excise duty based on the classification urged by the assessee and supported by the Appellate Collector's decision. The judgment emphasized the importance of upholding proper procedures and ensuring competent behavior from officers performing quasi-judicial functions within the Excise Department.