2003 (3) TMI 524 - AT - Central Excise

Summary

Issues:
1. Non-compliance with deposit order leading to dismissal of appeal.
2. Challenge of Stay Order in High Court and subsequent directions for review.
3. Financial position of the appellants for waiver of duty and penalty.
4. Allegations of clandestine activities and authenticity of balance sheets.
5. Arguments regarding financial condition and authenticity of balance sheets.
6. Consideration of submissions and decision on deposit amount for waiver of duty and penalty.

Issue 1:
The appellants failed to deposit the required amount as per the Stay Order, resulting in the dismissal of their appeal for non-compliance. The Tribunal extended the deposit deadline, but the appellants did not comply, leading to the dismissal of the appeal.

Issue 2:
The appellants challenged the Stay Order in the High Court, which directed a review considering the documents filed by the appellants. The Tribunal was instructed to reevaluate the application for review of the stay order after taking into account the appellants' financial position.

Issue 3:
The appellants' advocate argued for a waiver of the duty and penalty based on the poor financial condition of the appellants, citing the closure of their factory and the balance sheets reflecting financial difficulties. The advocate requested the entire amount to be waived.

Issue 4:
The respondent submitted that the appellants were involved in clandestine activities, leading to a demand for duty and penalty. The Tribunal noted the allegation of maintaining two sets of balance sheets and directed a partial deposit based on the findings against the appellants.

Issue 5:
The respondent contested the authenticity of the balance sheets presented by the appellants, highlighting discrepancies and questioning the financial hardship claim. The respondent argued that the appellants' financial position was not as dire as claimed, citing significant share capital, bank deposits, reserves, and current assets.

Issue 6:
After considering arguments from both sides, the Tribunal found evidence of clandestine activities and insufficient grounds for an unconditional stay. The Tribunal examined the balance sheets and concluded that the appellants' financial position did not warrant a complete waiver. A deposit of Rs. 10 lakhs was ordered within six weeks, with the balance of duty and penalty waived subject to compliance, and the recovery stayed during the appeal's pendency.