2003 (10) TMI 489 - AT - Central Excise

Summary

Issues:
Challenge against attachment of property under Customs Rules, 1975; Adjudication order not challenged before appropriate forum; Rejection of application for stay of duty and penalties under Section 35F of Central Excise Act, 1944; Dispute regarding attachment of property of other partners.

Analysis:
The appeal was filed against the attachment of property under the Customs Rules, 1975, as per an order by the Collector of Central Excise, Mumbai-II. The Commissioner (Appeals) noted that the appellant did not challenge the adjudication order dated 16-3-93 before the appropriate forum. It was observed that Shri Suraj Prakash Jindal was a partner when the case was booked, and there was no dispute against the adjudication order. The property attachment was deemed lawful under the relevant rules for recovery of government dues, and the argument about other partners' property not being attached was considered insufficient for the appeal.

The Tribunal found that since there was no duty, interest, or penalty to be determined in the proceedings, the provision of Section 129E of the Customs Act, 1962 for dispensation of pre-deposit did not apply. Consequently, the application for stay of duty and penalties under Section 35F of the Central Excise Act, 1944 was rejected. The appeal was scheduled for a regular hearing as per the order.

In conclusion, the Tribunal upheld the attachment of the appellant's property under the Customs Rules, 1975 for the recovery of government dues, emphasizing the importance of challenging adjudication orders before the appropriate forum. The decision to reject the application for stay of duty and penalties was based on the absence of duty, interest, or penalty to determine in the proceedings. The Tribunal directed the appeal to proceed for a normal hearing, indicating a clear stance on the legal aspects surrounding the case.