2012 (6) TMI 860 - AT - Central Excise

Summary

Issues Involved:
The issues involved in this case include the appellant seeking adjournment, duty incidence of Rs. 37,46,69,391/- with interest and penalty, the history of the case involving waiver of pre-deposit condition, and the application for early hearing by the department.

Adjournment Issue:
The appellant sought adjournment multiple times, leading to delays in the proceedings despite having a team of lawyers available. The Tribunal noted that the appellant was intentionally using dilatory tactics after benefiting from the waiver of pre-deposit condition.

Legal Provisions:
Section 35F of the Central Excise Act, 1944 requires pre-deposit of duty demand and penalty for appeal hearings, with exceptions under certain conditions. The proviso to Section 35C(2A) mandates disposal of appeals within 180 days if a stay order is granted, failing which the stay order stands vacated.

Interpretation of Legal Provisions:
The Supreme Court emphasized the purpose of the provision to prevent assessees from prolonging proceedings to maintain interim orders, thereby affecting revenue and pending matters. The Tribunal's power to grant stays exceeding six months was upheld, with a focus on preventing undue delays caused by factors beyond the assessee's control.

Decision:
Considering the appellant's dilatory tactics, the Tribunal recalled the order waiving the pre-deposit condition and vacated the stay. The appellant was directed to deposit 25% of the duty demand within four weeks, with the balance amount's pre-deposit condition dispensed with upon compliance. The appeal was scheduled for a future date subject to the appellant's compliance with the deposit order.