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2005 (5) TMI 418 - AT - Central Excise
Issues:
1. Non-payment of excise duty leading to show cause notices and penalties. 2. Lack of communication regarding proceedings to the appellants. 3. Appeal rejection on the grounds of being time-barred. 4. Dispute over the duty amount and request for waiver of pre-deposit. 5. Attachment of personal bank accounts of the Director and financial hardship. Analysis: 1. The case involved M/s. V.M.S. Exports (P) Ltd., which failed to pay excise duty from October 1998 due to financial difficulties, ultimately closing down the factory in February 1999. Despite informing the authorities about the closure, they received show cause notices alleging non-payment, leading to confirmation of duty amount and penalties by the Dy. Commissioner. 2. The appellants claimed ignorance of the proceedings as they were not served with any communication. They only became aware when their personal bank accounts were attached. An appeal to the Commissioner (Appeals) was rejected as time-barred, further complicating the situation. 3. Disputes arose regarding the duty amount owed, with the appellants requesting a waiver of pre-deposit. The Tribunal considered the financial hardship faced by the appellants and directed them to deposit the admitted amount of duty within four months, waiving further pre-deposit and staying recovery pending compliance. 4. In response to the attachment of the Director's personal bank accounts, the Tribunal noted that the company being a private limited entity, the personal accounts should not be liable. The attachment was lifted, subject to compliance with the pre-deposit order, as the amounts in the accounts were minimal and the attachment hindered the daily operations of the Director and his wife. 5. The stay application and miscellaneous application were disposed of based on the above decisions, providing some relief to the appellants in terms of the payment of duty and the attachment of personal bank accounts, considering the financial constraints faced by the individuals involved.
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