2009 (10) TMI 813 - AT - Central Excise

Summary

Issues: Modification of Stay Order

Analysis:
The appellant filed a Miscellaneous Application seeking modification of Stay Order Nos. 318 to 323/2009, which required a pre-deposit of Rs. 75 lakhs. The appellant had only deposited Rs. 25 lakhs due to financial hardship. The appellant argued that the excisable goods and raw material worth Rs. 35.57 Crores were attached by the Revenue during the pendency of the stay order, making it difficult to deposit the balance amount. The appellant requested the modification of the stay order to proceed with the appeals without the full pre-deposit.

Decision:
After considering the submissions, the Tribunal noted that the total dues of the appellants in all appeals amounted to Rs. 4.83 Crores, with a penalty of Rs. 5.35 Crores. The Tribunal observed that the attachment of property worth Rs. 35.35 Crores was sufficient to secure the Revenue's interest. Consequently, the Tribunal allowed the Miscellaneous Application for modification of the Stay Order, considering the Rs. 25 lakhs already deposited as compliance with the original order. The stay order was modified, and the appeals were directed to be listed for regular hearing.

This judgment showcases the Tribunal's flexibility in modifying stay orders based on the circumstances presented by the appellant, particularly in cases of financial hardship and significant attachments made by the Revenue. The decision reflects a balance between securing the Revenue's interest and providing relief to the appellant, ensuring fair proceedings in the appeals.