2012 (2) TMI 479 - HC - Central Excise

Summary

Issues involved:
The judgment deals with a stay application in a Central Excise Appeal where the petitioner was asked to deposit a specific amount as a precondition for adjudication, based on allegations of fraud in preparing documents and defaulting the government exchequer.

Summary by issue:

1. Opportunity of hearing and supply of documents:
The petitioner contended that the Adjudicating Authority did not provide adequate opportunity for hearing and did not supply the necessary documents. Citing legal precedents, the petitioner argued that demanding pre-deposit without following principles of natural justice is unsustainable. The petitioner relied on a case where the High Court intervened due to non-relied documents being provided after orders were passed.

2. Findings and modus operandi of the petitioner:
The judgment detailed findings by the Customs, Central Excise Service Tax Commissioner regarding the petitioner's actions. These findings included instances of avoiding personal hearings, discrepancies in stock verification, transportation of goods on inappropriate vehicles, and discrepancies in bank transactions. The Commissioner concluded that there was a deliberate attempt to defraud the government exchequer.

3. Adjudication and pre-deposit requirement:
The High Court found that the appellant was given ample opportunity to present a defense, but failed to do so effectively. The adjudicating authority had substantial evidence to support the allegations of fraud by the petitioner. Consequently, the Court upheld the decision of the CESTAT to require the petitioner to deposit a significant amount as a pre-condition for further proceedings, as the petitioner lacked a strong prima facie case and did not demonstrate any hardship in depositing the amount.

Conclusion:
The High Court dismissed the writ petition, affirming the requirement for the petitioner to deposit the specified amount. Additionally, the petitioner was granted an extension to fulfill this deposit within a specified timeframe.