2012 (5) TMI 573 - HC - Central Excise

Summary

Issues involved: Challenge to Tribunal's order u/s 35F of Central Excise Act for not dispensing with pre-deposit; Allegation of violation of natural justice by Commissioner; Failure of Tribunal to consider all aspects of the matter on a prima facie basis.

Summary:

1. The writ petitioner challenged the Tribunal's order u/s 35F of the Central Excise Act, which required a pre-deposit for an appeal. The petitioner contended that the principal ground of appeal was not considered by the Tribunal despite being raised during arguments.

2. The petitioner, a manufacturer of plastic bags, faced allegations of excise duty evasion. The Commissioner held the petitioner liable for a substantial amount of duty and penalty. The petitioner applied for dispensing with the pre-deposit before the appeal hearing.

3. The petitioner argued that factors like prima facie case, financial hardship, and revenue interest should be considered for such applications. The respondents did not dispute this legal position.

4. The petitioner claimed that the Commissioner's order, based on a report obtained post-hearing, violated natural justice principles. This ground was raised before the Tribunal, but the Tribunal allegedly failed to consider it while assessing the appeal on a prima facie basis.

5. Considering the potential validity of the natural justice issue, the Court directed the Tribunal to reconsider the matter and issue a fresh order within four weeks from the date of depositing a copy of the Court's order.

6. The order dated March 31, 2012, by the Tribunal was set aside, and the Tribunal was instructed to review the case. The writ petition was disposed of accordingly, with no costs imposed on either party.

7. Urgent certified photocopies of the order were to be provided to the parties upon request, subject to necessary formalities.