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2003 (12) TMI 361 - AT - Central Excise
Issues:
Challenge to Central Excise duty demand and penalty imposition; Abatement of appeal due to winding up of the company. Central Excise Duty Demand and Penalty Imposition: The appeal before the Appellate Tribunal CESTAT, New Delhi was filed by M/s. Trimurtee Fertilizers Ltd. against the adjudicating authority's decision confirming a Central Excise duty demand of Rs. 92,86,307/- and imposing an equal amount as a penalty. Both sides presented their arguments, with the learned SDR pointing out that the company was being wound up as recommended by the Board for Industrial and Financial Reconstruction (BIFR). The DR urged for dismissal of the appeal under Rule 22 of the CESTAT (Procedure) Rules, 1982, citing relevant tribunal orders. Despite the opposition, the appeal was considered on merits by the Tribunal. Abatement of Appeal due to Winding Up: The Tribunal examined the records, including orders from BIFR and the Appellate Authority for Industrial and Financial Reconstruction (AAIFR), which recommended the winding up of the company. The High Court also passed an order indicating the company's liability to be wound up. Referring to Rule 22 of the CESTAT (Procedure) Rules, the Tribunal noted that in the absence of any application for continuance of the proceedings by or against the successor-in-interest or legal representative of the company, the appeal abated due to the company being wound up. The Tribunal recorded the abatement of the appeal based on the provisions of Rule 22. In conclusion, the judgment highlighted the abatement of the appeal due to the winding up of the company as recommended by the BIFR and upheld by the AAIFR and the High Court. The Tribunal, in line with Rule 22 of the CESTAT (Procedure) Rules, found that the appeal had abated as no application was made for the continuation of the proceedings. The legal process was followed meticulously, and the appeal was deemed to have abated in the absence of any further action to pursue the case in light of the company's winding-up situation.
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