1984 (7) TMI 366 - AT - Central Excise

Summary

Issues:
Application for stay of operation of Order-in-Original and Order-in-Appeal, and restraint on Assistant Collector from interfering with removal of glass bottles and enforcing recovery of differential duty.

Analysis:
The case involved an application seeking a stay on the operation of the Order-in-Original and Order-in-Appeal related to the liability of the Applicant for payment of differential duty on glass bottles due to a printing process. The Assistant Collector had held that the assessable value should include expenses for the printing process. The Applicant had provided a Bank Guarantee towards the duty involved, which was later enhanced without proper quantification. The Assistant Collector had initially required the Bank to enforce the guarantee but later advised against it. The Tribunal noted that no specific demand for the duty amount had been made yet.

During the hearing, the Applicant argued that compliance with excise formalities would cause hardship due to financial constraints and ongoing losses. The Applicant also highlighted the need for funds to rebuild a furnace, emphasizing that its parent company was not obligated to provide financial support. On the Revenue's side, the amount of differential duty for a specific period had been calculated but not demanded from the Applicant.

The Tribunal observed that no demand for the duty amount had been ascertained, and the application sought to stay the implementation of the adjudication and appeal orders rather than the recovery of a specific duty amount. It clarified the inherent power of the Tribunal to make interlocutory orders to ensure a fair hearing process but noted that such powers should align with the scope of the appeal itself. The Tribunal emphasized that the assessment process was not within the current appeal's scope and cited a previous decision to support its stance. Consequently, the Tribunal dismissed the application, stating that its power to make interlocutory orders did not extend to interfering with assessments beyond the appeal's subject matter.