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of <h1>High Court Upholds Excise Attachment Order, Emphasizes Practical Interpretation Over Strict Legalism</h1> <h3>KRISHNAKANT SAKHARAM GHAG Versus UNION OF INDIA</h3> KRISHNAKANT SAKHARAM GHAG Versus UNION OF INDIA - 2005 (183) E.L.T. 419 (Bom.) Issues:Challenge to levy of excise duty on processing of man-made fabrics, Dismissal of writ petitions by Delhi High Court, Award of interest at the rate of 17.5% per annum, Order of attachment passed by Central Excise Officer, Interpretation of Delhi High Court's order regarding interest award.Analysis:The judgment involves a challenge to the levy of excise duty on processing of man-made fabrics, which was the subject of writ petitions before the Delhi High Court. The Delhi High Court had dismissed the writ petitions challenging the levy of additional duty of excise on man-made fabrics, directing the payment of interest at the rate of 17.5% per annum. The petitioner's petition was left out when the batch of petitions was decided, leading to subsequent proceedings by the Central Excise Department resulting in a demand notice for duty liability and interest. The petitioner did not challenge this order, making it final and conclusive.The petitioner later approached the Delhi High Court, which dismissed the petition, stating it was covered by a previous judgment. The petitioner challenged the order of attachment passed by the Central Excise Officer, arguing that the interest amount was not awarded against them by the Delhi High Court. The High Court, however, interpreted the Delhi High Court's order as implicitly including the award of interest, emphasizing that court orders should be understood using a common-sense approach rather than strict statutory interpretation.The High Court noted that the petitioner was attempting to take advantage of the technical omission in the Delhi High Court's order regarding interest. It emphasized that litigants should not be allowed to frustrate court orders based on technicalities and directed the petitioner to deposit the entire amount of interest along with arrears of duty within four weeks to lift the attachment on their property. Failure to comply would result in the dismissal of the petition. This decision aimed to prevent the frustration of the Delhi High Court's order and ensure the implementation of court directives, especially when the order-in-original had become final and conclusive without any challenge to its merits.
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