2003 (9) TMI 683 - AT - Central Excise

Summary

Issues:
Revival of appeals before the Appellate Tribunal under Section 32PA(7) of the Central Excise Act, 1944.

Analysis:
The Settlement Commission observed that the applicant failed to cooperate, leading to the case being sent back to the revenue authority for decision. The appellants sought revival of the appeals under Section 32PA(7) of the Act. The Tribunal noted that Section 37PA(7) provides for deemed revival of applications under Section 35B, including appeals admitted and orders passed under Section 35F. The appeals were allowed to withdraw after provisional deposit orders, necessitating revival at that compliance stage. Therefore, the appeals were listed for compliance ascertainment.

The Tribunal emphasized that the revival under Section 37PA(7) includes reinstatement at the same stage when the appellants were permitted to withdraw the appeals. Compliance with the provisional deposit orders was crucial, leading to the listing of appeals for compliance ascertainment. The appellants were directed to appear and report compliance as per the pre-deposit orders existing when the appeals were withdrawn. Further orders would be issued based on compliance verification, concluding the disposal of the applications.