2004 (7) TMI 561 - AT - Customs

Summary

Issues:
1. Pre-deposit of duty for hearing the appeal.
2. Company declared financially sick under BIFR.
3. Request for direction to authorities to implement BIFR order.
4. Appellant's plea for waiver of pre-deposit.
5. Decision on the stay application and listing the appeal for out of turn hearing.

Analysis:
1. The appellant was required to pre-deposit a substantial duty amount and interest at 24% for the appeal hearing. The Commissioner was directed to provide comments on the stay application.

2. The Commissioner noted the company's financial sickness and BIFR status in the impugned order. The appellant highlighted the closure of the factory as per the BIFR report and sought direction to implement BIFR orders, emphasizing the benefit of exports and other directions.

3. The appellant's counsel argued for a short disposal of the appeal, focusing on directing authorities to follow the BIFR order. The respondent's representative insisted on pre-deposit, stating that BIFR status does not warrant waiver.

4. After careful consideration, it was observed that the appellant was declared financially sick and under BIFR. BIFR had already directed duty computation, export benefits, and interest waiver. Given the circumstances, the appeal was deemed fit for out-of-turn hearing with a waiver of pre-deposit, as the prayer was concise.

5. Consequently, the stay application was approved, and the appeal was scheduled for expedited hearing on November 1, 2004. The decision allowed the appellant relief by listing the appeal for out-of-turn hearing based on the BIFR directions and financial status, overriding the requirement for pre-deposit.