2015 (2) TMI 1108 - HC - Service Tax

Waiver of pre-deposit - undue hardship - challenge to the order of Tribunal - Held that - Except for reciting that it would cause undue hardship, there is no material pleading with regard to the circumstances or nature of the undue hardship that would be caused. We therefore find no reason to interfere with the impugned order dated 4-12-2014. If the Appellant is of the opinion that a part of the adjudicated liability had already been deposited, it may bring it to the attention of the Tribunal itself. In that event subject to the satisfaction of the Tribunal, unless already considered, nothing prevents it from passing appropriate orders for modification or clarification of its order dated 4-12-2014. - Appeal dismissed.

Summary

Issues:
Interpretation of Section 35F of the Central Excise Act, 1944 regarding waiver of pre-deposit and adjudicated liabilities.

Analysis:
The judgment pertains to an appeal arising from an interim order passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi, under Section 35F of the Central Excise Act, 1944. The Tribunal had granted a waiver of pre-deposit to the extent of remaining liabilities but directed the deposit of the adjudicated Service Tax liability along with interest within eight weeks. The Appellant, through their Counsel, argued that the directed deposit amount of &8377; 17,90,023/- was excessive and would cause undue hardship, highlighting a good prima facie case and a partial deposit of &8377; 4,50,000/- already made towards the liabilities.

The Counsel for the Respondent, on the other hand, contended that a partial waiver of pre-deposit had already been granted, and the Tribunal had presumably considered any partial deposit made before passing the impugned order. The High Court, comprising Navin Sinha, ACJ, and P. Sam Koshy, J., emphasized that the power under Section 35F of the Act is discretionary and must be exercised in line with the prescribed guidelines. The Court noted that it would not interfere unless there was a procedural irregularity, perversity in the order, or failure to consider the grounds presented. The burden of proving undue hardship lies on the party claiming it, necessitating the submission of supporting facts.

Upon reviewing the stay application filed by the Appellant before the Tribunal, the Court found that apart from mentioning undue hardship, there was a lack of specific details regarding the nature or circumstances causing such hardship. Consequently, the Court declined to interfere with the Tribunal's order dated 4-12-2014. The judgment highlighted that if the Appellant believed that a portion of the adjudicated liability had already been deposited, they could bring this to the Tribunal's attention for appropriate consideration or modification of the order. Additionally, the Court extended the time for deposit as directed by the Tribunal by two weeks from the certified copy's dispatch date of 2-1-2015.

Ultimately, the High Court dismissed the appeal with the aforementioned observations, underscoring the discretionary nature of the power under Section 35F and the importance of providing substantial evidence when claiming undue hardship in matters concerning pre-deposit waivers and adjudicated liabilities under the Central Excise Act, 1944.