2010 (9) TMI 1149 - HC - Central Excise

Summary

Issues: Sustainability of the order dated 26th May, 2009 passed by the Customs, Excise and Service Tax Appellate Tribunal (Tribunal) with regard to pre-deposit.

In this case, a writ petition was filed under Article 226/227 of the Constitution of India challenging the order passed by the Tribunal related to pre-deposit. The petitioner, engaged in trading copper tubes, argued that a past misclassification and payment of Central Excise duty should not haunt them indefinitely. The petitioner relied on the judgment of the Supreme Court in Collector of C.E., Kanpur v. Krishna Carbon Paper Co. to emphasize that statutory provisions prevail over past mistakes. The contention was that the Tribunal did not address this plea adequately in the impugned order. The High Court issued notice and directed the respondent to file a reply within two weeks. The court, considering the circumstances, directed the petitioner to deposit 25% of the ordered amount, allowing the Tribunal to proceed with the appeal. Subsequently, the court directed the petitioner to deposit a further 25% within six weeks for the Tribunal to hear the appeal on merits. If the deposit was not made, legal consequences would follow. The writ petition was allowed to the extent indicated, with no order as to costs.