2008 (6) TMI 444 - AT - Central Excise

Summary

Issues:
1. Stay application for refund of duty, interest, and penalty already paid under protest.
2. Maintainability of the stay application.
3. Coercion in payment by the officers.
4. Relevance of previous judgments cited in support of the stay application.

Analysis:
1. The case involved a stay application where a sum of Rs. 13,58,344/- was demanded along with interest and penalty, which was paid under protest by the applicant. The appeal was dismissed by the Commissioner (Appeals), and the Tribunal was approached seeking waiver of pre-deposit, even though the duty and penalty had already been paid.

2. The advocate for the appellant argued that the stay application was maintainable, citing previous judgments. However, the Tribunal noted that the entire amount had already been paid as per the impugned order, and there was no evidence of coercion by the officers in making the payment. The Tribunal found the stay application to be infructuous and dismissed it, stating that seeking a refund through a stay application was not permissible.

3. The Tribunal emphasized that an aggrieved person can file an appeal after paying the dues or seek waiver of pre-deposit. In this case, since the entire amount had been paid as per the impugned order, the Tribunal did not find the grounds for seeking a refund through the stay application valid. The decisions cited by the appellant were deemed irrelevant to the facts of the present case.

4. Ultimately, the Tribunal dismissed the stay application, noting that the appeal would be listed in due course. The order was dictated and pronounced in open court, concluding the proceedings on the matter.