2003 (10) TMI 554 - AT - Central Excise

Summary

Issues:
1. Dismissal of appeal by Commissioner (Appeals) due to non-compliance with pre-deposit direction.
2. Justification of the direction to deposit penalty and interest.
3. Appellant's contention against the pre-deposit direction.
4. Appellant's manufacturing activities and duty payment discrepancies.
5. Applicability of pre-deposit condition and remand for fresh consideration.

The appeal was filed against the order of the Commissioner (Appeals) dismissing it for non-compliance with the pre-deposit direction. The Commissioner had directed the appellant to deposit the entire penalty and interest amount within a specified period. The appellant argued that this direction was unjustified in their case, as they had already voluntarily deposited the duty portion before the show cause notice was issued. The Tribunal noted the appellant's manufacturing activities involving the procurement of inputs and components for vehicle manufacturing and in-house parts production. Upon identifying duty discrepancies, the appellant deposited the duty amount before the issuance of the show cause notice, which demanded duty, penalty, and interest. The Tribunal found merit in the appellant's argument that the pre-deposit condition should not have been imposed in this case. Citing a Supreme Court decision, the Tribunal remanded the matter back to the Commissioner (Appeals) for a fresh consideration of the appeal on its merits without insisting on pre-deposit, granting the appellant an opportunity to be heard. Final orders were to be issued within three months from the date of the order.

In conclusion, the Tribunal set aside the order of the Commissioner (Appeals) due to the unjustified imposition of the pre-deposit condition, remanding the matter for reconsideration on its merits without the pre-deposit requirement, in line with the principles established by a Supreme Court decision.