2009 (8) TMI 978 - AT - Customs

Summary

Issues: Compliance with pre-deposit order, Financial hardships in making deposits, Bank's requirement of 'assessee code' for deposit, Grant of further time for pre-deposit.

Compliance with pre-deposit order:
The judgment addresses the compliance with the pre-deposit order issued in a previous order dated 21-4-2009. The Counsel for the appellant in Appeal No. C/754/08 expressed inability to deposit the required amount of Rs. 1,00,000 due to financial hardships. The Counsel requested a modification or further time for deposit, which was opposed by the DR. The Tribunal, considering the circumstances, allowed the appellant one more month from the receipt of the order to make the pre-deposit, with a compliance report due on 22-9-2009. The modification application was disposed of accordingly.

Financial hardships in making deposits:
The judgment also dealt with the issue of financial hardships faced by the appellants in making the required deposits. Some appellants were unable to deposit the amounts due to a peculiar problem where the Bank required an 'assessee code', which they did not possess as they were not assessees. Despite seeking advice from the Commissionerate, they were unable to deposit the amounts. The Tribunal, after hearing the submissions, acknowledged the readiness of the parties to make the pre-deposit but recognized their inability due to reasons beyond their control. As a solution, the Commissioner concerned was directed to permit these appellants to pre-deposit the amounts in an alternative manner as an exceptional case. A further time of 10 days was granted to the appellants in Appeal Nos. C/812, 813 & 814/08 to pre-deposit the respective amounts as prescribed by the Commissioner, with a compliance report due on 17-8-2009.

Bank's requirement of 'assessee code' for deposit:
The issue of the Bank's insistence on an 'assessee code' for deposit was highlighted in the judgment. The parties facing this problem were not allowed to deposit the amounts as they lacked the required 'assessee code'. Despite seeking guidance from the Commissionerate, they were unable to proceed with the deposits. The Tribunal recognized this as a hindrance beyond the appellants' control and directed the Commissioner to permit them to pre-deposit the amounts in an alternative manner to ensure compliance with the pre-deposit order.

Grant of further time for pre-deposit:
In response to the challenges faced by the appellants in making the pre-deposit, the Tribunal granted further time for compliance. The appellants in Appeal No. C/754/08 were given an additional month, while the appellants in Appeal Nos. C/812, 813 & 814/08 were granted a 10-day extension to pre-deposit the respective amounts. These extensions aimed to accommodate the financial constraints and the unique problem faced by the appellants regarding the Bank's requirement of an 'assessee code', ensuring a fair opportunity for compliance with the Tribunal's orders.