2004 (1) TMI 607 - AT - Central Excise

Summary

Issues: Condonation of delay in filing the appeal, pre-deposit compliance with Section 35F of the Central Excise Act, stay of recovery during pendency of appeals.

Condonation of delay in filing the appeal:
The case involved an application for condonation of delay in filing the appeal by M/s. Modi Alkalies and Chemicals Ltd. The learned Advocate representing the Appellant explained that initially, they had filed an appeal within the prescribed time limit, but later realized the mistake that two separate appeals were required to be filed. The second appeal was filed with an application for condonation of delay. After hearing the arguments, the delay in filing the second appeal was condoned by the Tribunal as the initial appeal was filed within the time limit specified under Section 35B of the Central Excise Act.

Pre-deposit compliance with Section 35F of the Central Excise Act:
The Advocate mentioned that both appeals were remanded by the Tribunal to the Commissioner (Appeals) for deciding on merit. It was highlighted that a pre-deposit of Rs. 10 lakhs and One lakh had been made as per the Stay Order passed by the Appellate Tribunal. The Appellants had already deposited Rs. 11 lakhs as per the Tribunal's direction at the time of the first hearing, which was deemed sufficient for hearing their appeals. The Tribunal considered this amount as complying with the provisions of Section 35F of the Central Excise Act, indicating the Appellant's compliance with the pre-deposit requirement.

Stay of recovery during the pendency of appeals:
During the hearing, the Senior Departmental Representative argued that the remaining amount should be recovered. However, considering that the Appellants had already deposited Rs. 11 lakhs as per the Tribunal's direction, the recovery of the remaining amount was stayed by the Tribunal during the pendency of the appeals. Both appeals were scheduled for regular hearing on 1-3-2004, and the Tribunal ensured that the Appellants were not burdened with additional recovery while the appeals were being heard.