2016 (8) TMI 1314 - HC - Central Excise

Restoration of petition - Held that - the appeal was dismissed on 21-11-2011 for non-compliance with the provisions of Section 35F. The order passed on 21-11-2011 was an automatic corollary of the failure of the petitioner to comply with the conditional order dated 8-8-2011. The conditional order dated 8-8-2011 is not under challenge. It has attained finality. Therefore there is no way the final order dated 21-11-2011 can be interfered with even while retaining the conditional order dated 8-8-2011. Therefore there is no point in restoring W.P. No. 7685 of 2012 as no relief can be granted to the petitioner in the said writ petition. Hence W.P.M.P. No. 20808 of 2016 is dismissed. Garnishee order - main grievance of the petitioner is that the respondents did not follow the procedure prescribed by Section 110A of the Customs Act for the provisional release of the goods - Held that - Once a demand has attained finality there can be no challenge to the method of recovery unless the method of recovery itself is not in accordance with the procedure prescribed. We do not find any procedural infirmity in the method of recovery now resorted to by the respondents. Therefore the second writ petition W.P. No. 3570 of 2016 is also devoid of merits and hence the same is dismissed.

Summary

Issues Involved:
1. Demand of excise duty on clearances of intermediate goods.
2. Appeal against order-in-original and subsequent dismissal.
3. Writ petition for restoration and delay condonation.
4. Challenge against garnishee order under Customs Act.

Analysis:

1. Demand of Excise Duty on Clearances of Intermediate Goods:
The petitioner, a manufacturer of Fine Chemicals, received orders for certain chemicals from a company holding Advance Authorization for duty-free import of inputs. The petitioner applied for Advance Intermediate Authorization to import inputs for manufacturing products. Despite a condition of 100% bank guarantee being initially imposed and later deleted, the petitioner cleared goods without Central Excise payment as the ordering company was entitled to duty-free import. However, a show cause notice was issued later, demanding excise duty due to alleged non-fulfillment of export obligations, leading to a demand of Rs. 99,42,590 and a penalty of Rs. 10 lakhs.

2. Appeal Against Order-in-Original and Subsequent Dismissal:
The petitioner filed a statutory appeal before CESTAT against the order-in-original. CESTAT directed depositing 50% of the duty demanded, which the petitioner failed to comply with, resulting in the dismissal of the appeal for non-compliance with Section 35F of the Central Excise Act. Subsequent writ petitions for restoration were dismissed, with the court emphasizing that the final order was a consequence of non-compliance with the earlier conditional order, which had attained finality.

3. Writ Petition for Restoration and Delay Condonation:
The petitioner filed a writ petition for restoration after being unable to prosecute due to being in judicial custody until acquittal. The court noted the delay in filing for restoration post-acquittal and dismissed the restoration application as the earlier order had attained finality, rendering the writ petition ineffective for granting relief.

4. Challenge Against Garnishee Order Under Customs Act:
The petitioner challenged a garnishee order issued by the Department to Banks where the petitioner held accounts. The petitioner argued that the Department did not follow the prescribed procedure for provisional release of goods, impacting the ability to offer the goods' value towards imposed duty. However, the court held that the demand had attained finality, rejecting the challenge to the recovery method as procedurally sound, leading to the dismissal of the writ petition.

In conclusion, the court dismissed the writ petitions and miscellaneous petitions, finding no grounds for interference or relief in the matters raised by the petitioner, emphasizing the importance of compliance with statutory conditions and the finality of earlier orders in legal proceedings.