1983 (3) TMI 266 - AT - Central Excise

Summary

Issues:
1. Whether the Tribunal has the jurisdiction to hear a stay petition after the Government of India rejected the application for stay.
2. Whether the appellants are entitled to a stay of recovery of duty as demanded.

Analysis:

Issue 1: Jurisdiction of Tribunal for Stay Petition
The Tribunal examined whether it had the authority to consider a stay petition after the Government of India had already rejected the application for stay. The Tribunal agreed with the appellants' advocate that as a quasi-judicial body under Section 35F, it had the power to hear the stay petition. The Tribunal clarified that there is no bar preventing a second application for stay, especially if the financial position of the appellants changes. The Tribunal held that it can grant a stay even if the previous application was rejected, as long as the conditions under Section 35F are satisfied. The Tribunal concluded that it had the jurisdiction to hear the stay petition despite the prior rejection by the Government of India.

Issue 2: Entitlement to Stay of Recovery
After establishing its jurisdiction, the Tribunal proceeded to assess the request for a stay on its merits. The demands in question were related to the period from 1966 to 1972. The Tribunal noted that if duty is leviable, it should be paid without further delay, as determined by lower authorities in previous stages. The Tribunal observed that the appellants had been allowed an extended period to retain the money owed to the Government due to departmental negligence. Considering the appellants were a government undertaking, the Tribunal found no grounds for financial hardship in making the payment, especially since the share capital was owned by the President of India. Consequently, the Tribunal concluded that there were no justifiable reasons to grant the stay and rejected the application for stay of recovery of duty as demanded.

In conclusion, the Tribunal upheld its jurisdiction to hear the stay petition and denied the appellants' request for a stay of recovery of duty, emphasizing the need for timely payment of leviable duty without causing financial hardship to a government undertaking.