2016 (4) TMI 1231 - SC - Central Excise

Pre-deposit - petitioner seeks time to make pre-deposit - Held that - By an order dated 18th August, 2015, the High Court granted time to the petitioner to deposit the amount on or before 30th September, 2015. The petitioner did not make this deposit and instead approached this Court by filing a civil appeal, which was dismissed - We are not inclined to grant any time to the petitioner to make the pre-deposit - petition dismissed.

Summary

Issues:
Non-compliance with pre-deposit order, dismissal of appeal by CESTAT, challenge in Delhi High Court, dismissal of civil appeal, request for extension of time in High Court, refusal of time extension, dismissal of special leave petitions, costs imposed.

Analysis:
The Supreme Court dealt with a case where the petitioner failed to comply with a pre-deposit order issued by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) on 1st September, 2014. Subsequently, due to non-compliance, the appeal was dismissed by CESTAT on 9th December, 2014. The petitioner then sought relief in the Delhi High Court, which granted an extension until 30th September, 2015, for the deposit. However, the petitioner did not adhere to this deadline and instead filed a civil appeal, which was also dismissed on 11th December, 2015. Following this, the petitioner approached the High Court once more for an extension, but the High Court, through an order dated 1st March, 2016, refused to grant additional time for the deposit.

The Supreme Court, in its judgment, declined to provide any further extension to the petitioner for making the pre-deposit. Consequently, the special leave petitions were dismissed, and a cost of &8377; 25,000/- was imposed on the petitioner. The Court directed the petitioner to pay the costs within four weeks to the Supreme Court Legal Services Committee, specifying that the amount would be utilized for juvenile justice issues. The Court also scheduled the matter to be listed after four weeks for compliance verification.