2013 (4) TMI 849 - HC - Central Excise

Summary

Issues involved: Jurisdiction of the court in relation to contract disputes, validity of conditions imposed beyond the contract scope, recovery of excise duty without contractual provision.

The judgment dealt with the maintainability of a petition in relation to a contract dispute. The respondents argued that the court lacked jurisdiction and parties should resort to arbitration based on the arbitration clause in the agreement. However, the court held that under Article 226 of the Constitution of India, it could intervene if conditions imposed by the respondents were beyond the contract scope, allowing examination of the matter without arbitration (u/s Article 226).

The dispute arose from the recovery of excise duty by the respondents from the petitioner, which was not provided for in the contract. The court found that while penalties for shortfall were allowed under the agreement, excise duty recovery was not. The respondents had already recovered penalties, and attempting to recover excise duty without contractual provision was deemed impermissible (u/s Clause 10).

The court examined the work order and found no mention of the liability for excise duty by the Contractor. The respondents' attempt to charge excise duty was found to be unjustified, especially considering the variability in production targets and the timing of excise duty payment. The court emphasized that excise duty should be paid upon removal of goods from the factory, not in advance without confirmation of actual production (u/s Central Excise Rules, 2002).

The petitioner argued that their shortfall was within permissible limits and that the excise duty deduction was unwarranted. The court agreed, stating that the respondents could not enforce recovery based on excess excise duty payment when the petitioner had no control over such actions. The court ruled in favor of the petitioner, disallowing the recovery of excise duty and ordering a refund if any amount had been deducted, along with interest (u/s Central Excise Act and principles of fairness).