2005 (4) TMI 483 - AT - Central Excise

Summary

Issues: Application for modification of stay order regarding deposit of a sum of money.

Analysis:
The judgment pertains to an application for modification of a stay order regarding the deposit of a specified sum of money. The applicant sought relief from depositing a sum of Rs. 25,00,000 as directed by the Tribunal, citing the proposed insertion of a new recovery procedure in the Finance Bill 2005. The applicant argued that the Tribunal's order would cause unnecessary hardship due to the potential implications of the Finance Bill. However, upon examination, the Tribunal noted that the recovery procedure outlined in the Finance Bill was unrelated to its powers under Section 35F of the Central Excise Act. The Tribunal clarified that it had not directed the appellant to deposit the entire duty involved, leading to the rejection of the modification application. Instead, the Tribunal extended the time for depositing the specified amount by an additional four weeks, with a compliance report due by a specified date. The modification application was disposed of in this manner, emphasizing the distinction between the Tribunal's order and the proposed changes in the Finance Bill.