2009 (3) TMI 657 - AT - Central Excise

Summary

Issues involved: Violation of rules of natural justice by the Commissioner (Appeals) in not considering the interim orders and insisting on pre-deposit.

The judgment addresses the issue of violation of rules of natural justice by the Commissioner (Appeals) in a case where the appellant had filed an appeal challenging the decision based on the requirement of pre-deposit. The Tribunal noted that the Commissioner (Appeals) had rejected the appeal without considering the merits solely on the ground of failure to comply with the pre-deposit requirement. The Tribunal observed that the appellant had an arguable case on merits and that previous orders by the Tribunal supported the appellant's contention that there was no cause for the Commissioner (Appeals) to refuse the opportunity to be heard on merits without insisting on pre-deposit.

The Tribunal specifically referenced the decision of the Larger Bench in H.M.T. v. Commissioner of Central Excise, Panchkula and stay orders passed in other appeals by the Tribunal. It was emphasized that the Commissioner (Appeals) should have taken into consideration the interim orders passed in related appeals before pressing for pre-deposit in the present matter. The Tribunal found that the interim order had not been considered by the Commissioner (Appeals), leading to a violation of rules of natural justice. Consequently, the impugned order was set aside, and the Commissioner was directed to dispose of the matter without insisting on any pre-deposit, thereby allowing the appeal to be disposed of in favor of the appellant.