2005 (4) TMI 443 - AT - Central Excise

Summary

Issues: Delay in filing appeal, waiver of pre-deposit of penalty

Delay in filing appeal:
The judgment addresses the application for condonation of delay of approximately 792 days in filing the appeal. The applicant, an Excise Clerk, argued that the delay was due to the company taking care of his interests and only filing the appeal upon receiving a letter for the penalty amount recovery. The Tribunal allowed the condonation of delay based on this submission, despite the penalty order being received earlier. The Tribunal considered the circumstances and reasons presented by the applicant for the delay, ultimately granting the condonation.

Waiver of pre-deposit of penalty:
The judgment also discusses the application for waiver of pre-deposit of a penalty of Rs. 10 lakhs. The Tribunal noted that no prima facie case for total waiver was established, given the admission that goods were cleared clandestinely without duty payment. However, considering the financial hardship of the applicant, who had been out of job for about two months and had a low salary, the Tribunal directed the applicant to deposit Rs. 10,000 within eight weeks. Upon this deposit, the pre-deposit of the remaining penalty amount was waived, and recovery was stayed pending the appeal. The judgment emphasized that failure to comply with this directive would lead to the vacation of stay and dismissal of the appeal without prior notice.

Conclusion:
The judgment by the Appellate Tribunal CESTAT, Mumbai, dealt with the issues of condonation of delay in filing the appeal and the waiver of pre-deposit of penalty. It highlighted the importance of presenting valid reasons for delay and financial circumstances when seeking relief from penalties. The decision provided a balanced approach, allowing the appeal to proceed upon compliance with the directed deposit while emphasizing the consequences of non-compliance. The judgment underscored the significance of adhering to procedural requirements and fulfilling financial obligations in legal proceedings before the Tribunal.