Frick India Ltd. vs Union of India and Others

Gokal Chand Mital, C.J.

(1) In this writ petition the petitioner has challenged the show cause notice dated 31st March,1986 issued by the Collector, Central Excise & Salt Act, 1944 (hereinafter referred to as the Act) which seeks to raise the demand of excise duty amounting to Rs-4,45,19,321.17

(2) By order dated 15th December,1986 the writ petition was admitted but while declining the stay of proceedings this Court observed that it was open to the petitioner to approach this Court for necessary directions regarding the collection of tax demanded, in case they find it necessary.

(3) During the pendency of the writ petition, adjudication order dated 15th September, 1987 was passed by the Principal Collector, Central Excise, New Delhi. Aggrieved by the aforesaid order, the petitioner filed an appeal before the Customs, Excise & Gold (Control) Appellate, Tribunal (hereinafter referred to as CEGAT). An application for dispensing with the amount of pre-deposit was also filed. While disposing of the said application the CEGAT directed the petitioner to deposit a sum of Rupees 1 crore against the total demand of Rupees 55 crores. By order dated 14th December, 1987 this Court permitted the petitioner to deposit the aforesaid amount of Rupees I crore in five monthly Installments of Rupees 20 lakhs each ; the said payment to be made by the end of January, February, March, April and May 1988. During the course of arguments we were informed that in terms of order dated 14th December, 1987, the amount has already been deposited by the petitioner.

(4) It will be seen from the impugned show cause notice that it contains detailed allegations against the petitioner grossly undervalued its products and paid less duty to the Government and had contravened the provisions of Rule 173C, 173B, and 173 of the Central Excise Rules, 1944 and Section 4 of the Act.

(5) In view of the reasons recorded in our Judgment in Civil Writ Petition No. 729/86 - M/s. Feeders Lloyd Corporation Pvt. Ltd. vs Union of India, dated 28th May, 1992, we are of the view that there is no merit in the writ petition and the same is dismissed with no order as to costs.

(6) The petitioner will, however, be at liberty to raise all points raised in this writ petition before CEGAT.