1993 (8) TMI 81 - HC - Central Excise

High Court affirms jurisdiction in tax evasion case, criticizes Magistrate's order. Reevaluation directed.

The High Court upheld Chandigarh's jurisdiction to try the case involving evasion of Central Excise tax. It affirmed the Assistant Collector's authority ... Prosecution - Jurisdiction - Territorial jurisdiction - Investigation and inquiry Issues:1. Territorial jurisdiction of the Courts at Chandigarh to take cognizance of the offence under Section 9 of the Act.2. Authority of the Assistant Collector (Audit) to file a complaint and require the accused to produce certain records.3. Allegation of non-application of mind by the Chief Judicial Magistrate in summoning the accused for the offence under Section 9 of the Act.Analysis:1. Territorial Jurisdiction:The complaint alleged evasion of Central Excise tax, with summons issued from Chandigarh to the accused to produce specific records. The accused's failure to produce the records in Chandigarh constituted an offence under Section 9(1)(c) of the Act, establishing Chandigarh's jurisdiction to try the complaint.2. Authority of Assistant Collector:The Assistant Collector (Audit) was deemed empowered under Section 14 of the Act to file a complaint and request record production, as averred in the complaint. The accused failed to refute this claim, and previous judgments cited were found irrelevant as the case was based on refusal to produce records, not recorded statements.3. Non-Application of Mind:The Chief Judicial Magistrate's summoning order was challenged for lack of application of mind. The Court found merit in this argument, noting the Magistrate's failure to analyze the facts before summoning the accused. The accused's failure to produce records constituted an offence under Section 9(1)(c), but the Magistrate's conclusion lacked proper consideration. Citing previous cases, the Court quashed the summoning order, emphasizing the need for a fresh order based on a thorough examination of the case.In conclusion, the High Court upheld Chandigarh's jurisdiction to try the case, affirmed the Assistant Collector's authority to file a complaint, and criticized the Chief Judicial Magistrate for inadequately applying their mind in summoning the accused. The summoning order was quashed, directing the trial Court to reevaluate the case with proper consideration.