2004 (11) TMI 373 - AT - Central Excise

Summary

Issues:
Modification of stay order due to property attachment by the department despite pre-deposit directive.

Analysis:
The applicant filed for modification of the stay order, citing the department's attachment of their property worth Rs. 54 lakhs, which halted their factory operations. The applicant sought relief, stating inability to comply with the pre-deposit directive of Rs. 60 lakhs. The Tribunal heard arguments from both sides, including the Departmental Representative (DR) who suggested disposing of the attached goods if the attachment was lifted and pre-depositing the required amount within a specified time.

The Tribunal noted that the purpose of the stay order was to safeguard Government revenue, yet the department proceeded with the attachment despite the pre-deposit directive. As the attachment secured approximately Rs. 54 lakhs, equivalent to the pre-deposit amount, the Tribunal decided to modify the stay order. They dispensed with the pre-deposit requirement under Section 35F of the Central Excise Act, acknowledging that the Government revenue was already secured through the property attachment.

Consequently, the Tribunal modified the stay order dated 19-3-2004, removing the pre-deposit obligation, and scheduled the appeal for final hearing on 9-3-2005. The order was issued accordingly, providing relief to the applicant by eliminating the need for the pre-deposit amount while ensuring the Government revenue was protected through the property attachment.