2005 (6) TMI 516 - AT - Central Excise

Summary

Issues:
Non-compliance with Section 35-F provisions, penalty imposition under Section 76 of the Finance Act, 1994, appeal dismissal, restoration request, pending Writ Petition in High Court.

Analysis:
The judgment pertains to an appeal where the applicant had paid a sum of Rs. 33,76,000 but the appeal was dismissed due to non-compliance with Section 35-F provisions. The Department argued that the amount paid did not include the penalty imposed under Section 76 of the Finance Act, 1994. The applicant's counsel contended that the penalty amount had not been calculated by the Department and emphasized that the payment was made in good faith. The Department insisted that restoration could only be considered upon full payment of the penalty. Additionally, the applicant had challenged the appeal dismissal in a Writ Petition before the High Court. Due to these circumstances, the applicant sought to withdraw the application with the intention to approach the Tribunal again based on the High Court's decision. The Tribunal granted permission for withdrawal with liberty to reapply based on the High Court's ruling, ultimately disposing of the application.

This judgment highlights the importance of compliance with statutory provisions, specifically Section 35-F, in appeals before the Tribunal. It underscores the significance of paying the entire amount, including any penalties, as mandated by the law. The case also demonstrates the procedural aspect of seeking restoration of an appeal and the impact of parallel legal proceedings, such as a Writ Petition in the High Court, on the Tribunal's decisions. The Tribunal's decision to allow the withdrawal with the option to reapply based on the High Court's outcome showcases a practical approach to legal proceedings, ensuring that justice is served effectively while respecting the legal processes in place.