2004 (12) TMI 604 - AT - Customs

Summary

Issues: Compliance with tribunal order, power of tribunal to recall its own order, pre-deposit requirement for appeal

In this judgment by the Appellate Tribunal CESTAT, Kolkata, the issue involved was the compliance with the tribunal's order by the appellant company. The tribunal had directed the company to deposit a specific sum within a set timeframe. The company failed to comply and instead submitted an application for recalling the order. The respondent argued that as per legal precedents, the tribunal lacked the power to recall its own order, especially in cases where the appellant had not made the required pre-deposit as per Section 129E of the Customs Act, 1962.

The tribunal considered the history of the case, noting that it had previously directed the company to make a substantial deposit, which was later challenged in the High Court. The High Court had set aside the tribunal's order and instructed a fresh hearing. Upon rehearing the matter, the tribunal issued a new order, emphasizing the deliberate attempts by the company to evade duty payments. The tribunal reiterated the requirement for the company to deposit the specified amount within a given period, failing which the duty and penalty amounts would stand. The tribunal highlighted the legal principle that it could only exercise powers conferred by statute and not inherent powers akin to courts under the Constitution or Civil Procedure Codes.

The tribunal, after considering arguments from both sides and legal precedents, dismissed the company's application to recall the order. The tribunal emphasized that the company's failure to make the pre-deposit as ordered, in line with the Supreme Court's directions in a relevant case, warranted the dismissal of the appeals. The judgment underscored the statutory nature of the tribunal's powers and the importance of complying with pre-deposit requirements for appeals. Ultimately, the tribunal upheld its original order, emphasizing the company's obligation to adhere to the specified deposit amount within the stipulated timeframe.