2012 (5) TMI 577 - HC - Central Excise

Summary

Issues Involved:
The issue involves the quashing of an order passed by the Customs, Excise & Service Tax Appellate Tribunal requiring a petitioner to deposit a pre-deposit amount of Rs. 40 lakhs for hearing an appeal.

Summary:
The petitioner, a company engaged in the manufacture of uncoated Kraft paper, availed the benefit of Small Scale Exemption but was later found to have wrongly availed it. The respondent-department alleged that the petitioner engaged in trading of Kraft paper apart from manufacturing, leading to a demand of Rs. 1,01,74,318/- and an equal penalty. The Tribunal directed the petitioner to deposit Rs. 40 lakhs as a pre-condition for hearing the appeal due to allegations of clandestine removal. The petitioner challenged this direction, citing financial difficulties. However, the High Court found no merit in the petition, upholding the Tribunal's decision. The Tribunal's direction for partial deposit of Rs. 40 lakhs was deemed justified as the balance sheet did not reflect the true financial position due to clandestine removal. The High Court dismissed the petition but extended the period for deposit by six weeks, allowing the appeal to be heard on merits if the amount is deposited within the extended period.

In conclusion, the High Court upheld the Tribunal's decision to require a pre-deposit amount for hearing the appeal, considering the allegations of clandestine removal and the financial position of the petitioner. The extension of the deposit period was granted to facilitate compliance with the Tribunal's directive.