2015 (3) TMI 1238 - AT - Central Excise

Extension of time for deposit of money - pre-deposit of ₹ 60 lakhs - Held that - when initially, 12 weeks period has been granted and subsequently on the appellant s request, the same was extended by another two weeks, there is no justification for granting any further time. In view of this, the appeals are dismissed for non-compliance with the provisions of Section 35 F of the Central Excise Act.

Summary

Issues: Non-compliance with pre-deposit order under Section 35 F of the Central Excise Act.

Analysis:
1. The Appellate Tribunal had directed the main appellant to deposit an amount of Rs. 60 lakhs within 12 weeks, with compliance due on 9th March, 2015.
2. On the reporting compliance date, the appellant's counsel requested a further two weeks to arrange the funds, which was granted, and the matter was listed for reporting compliance.
3. During the subsequent reporting compliance date, the new counsel for the appellant requested more time to file an application for extension of time due to a shortage of funds and inability to make the pre-deposit.
4. The Departmental Representative opposed granting any further time for modification of the stay order.
5. After considering submissions from both sides and reviewing the records, the Tribunal found no justification for granting additional time since the initial 12-week period was already extended by two weeks at the appellant's request.
6. Consequently, the appeals were dismissed for non-compliance with the provisions of Section 35 F of the Central Excise Act.