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Issues:
1. Non-compliance with pre-deposit order and seeking extension of time. 2. Financial hardship and accumulated losses claimed by the appellants. 3. Justification for granting extension of time for compliance with the stay order. Issue 1: Non-compliance with pre-deposit order and seeking extension of time: The appellants were directed to pre-deposit Rs. 4.50 lakhs out of a total duty amount of Rs. 45,71,951, along with a personal penalty imposed on the MD. Despite being given 3 months to comply, they failed to deposit any amount and sought an extension citing severe financial hardship and accumulated losses. The Respondent argued against the extension, highlighting the delay in compliance, lack of reflected losses in the filed affidavit, and the appellants' repeated adjournments in the matter. The Tribunal noted the absence of a strong prima facie case, the lengthy delay in the proceedings, and the appellants' failure to deposit any amount over almost three years. Consequently, the appeal was dismissed for non-compliance under Section 129E of the Customs Act, with liberty granted to seek restoration upon prompt deposit of the required amount. The miscellaneous application for extension was also rejected. Issue 2: Financial hardship and accumulated losses claimed by the appellants: The appellants claimed severe financial hardship and an accumulated loss of Rs. 12.00 crores as of 31-3-2003. However, the Respondent pointed out that this substantial loss was not reflected in the filed affidavit. The appellants were expected to have deposited some amount given the duty amount exceeding Rs. 45.00 lakhs. The Tribunal considered the financial hardship as the sole ground for the pre-deposit order, which was significantly lower than the total duty amount. Despite the claimed losses, the delay in proceedings and lack of compliance led to the dismissal of the appeal without an extension of time. Issue 3: Justification for granting extension of time for compliance with the stay order: The Tribunal thoroughly reviewed the circumstances and factors necessary for granting a waiver, emphasizing the absence of a strong prima facie case and the financial hardship as the basis for the pre-deposit order. The extended delay in the proceedings, with the stay application only being heard after almost three years from filing the appeal, was a crucial factor in denying the extension of time for compliance. The Tribunal found no justification for further leniency given the appellants' conduct in the case, leading to the dismissal of the appeal and rejection of the miscellaneous application for extension. The appellants were granted the opportunity to seek restoration upon prompt deposit of the required amount, emphasizing the importance of timely compliance with legal orders. This detailed analysis of the judgment from the Appellate Tribunal CESTAT, Chennai highlights the issues of non-compliance with pre-deposit orders, financial hardship claimed by the appellants, and the justification for granting an extension of time for compliance with the stay order. The decision underscores the importance of timely compliance with legal directives and the impact of procedural delays on the outcome of appeals in such matters.
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