2010 (8) TMI 278 - AT - Central Excise

Appeal restoration of appeal dismissed for non-payment of pre-deposit - The Tribunal s decision was challenged in appeal before the Hon ble High Court as also before the Hon ble Supreme Court and the dispute attained finality by Supreme Court s order, vide which the period to deposit is extended appellant not deposited the amount within the said period, the appellants lost their right to get the appeal decided on merits - Tribunal cannot extend the time limit granted by the Hon ble Supreme Court - effect of not depositing the amount, result in dismissal of the appeal, which course has already been adopted by the Tribunal - As such the subsequent deposit of amounts deposited by the appellant cannot revive their right for restoration of the appeal application rejected

Summary

Issues:
Non-compliance with deposit requirements under Section 35F of the Central Excise Act leading to dismissal of appeals by the Tribunal and subsequent challenges before the High Court and Supreme Court. Application for restoration of appeals based on delayed deposit of the required amount.

Analysis:
The Tribunal initially dismissed the appeals due to non-compliance with the provisions of Section 35F of the Central Excise Act, as per the Tribunal's stay order and subsequent High Court and Supreme Court orders. The appellant was directed to deposit Rs. 18 lakhs within a specified period. The High Court rejected the appellant's challenge and directed compliance by a certain date. The Supreme Court, after the appellant's Special Leave Petition, ordered the deposit within two weeks from a specific date. However, the appellant failed to deposit the amount within the stipulated time, resulting in the dismissal of the appeals on 23-4-09.

The appellant later filed an application for restoration of the dismissed appeals, citing the subsequent deposit of the required amount on 17-2-10 and 27-3-10, nearly a year after the Supreme Court's deadline. The appellant argued for the restoration of the appeals now that the amount was deposited.

The Tribunal rejected the appellant's contention, emphasizing that the Supreme Court's order set a specific deadline for the deposit, which the appellant failed to meet. The Tribunal clarified that the appellant's failure to comply within the specified period led to the loss of their right to have the appeal decided on its merits. The Tribunal highlighted that it could not extend the time limit granted by the Supreme Court and that the subsequent deposit of the amount could not revive the right for appeal restoration. Consequently, the Tribunal rejected the application for restoration of the dismissed appeals.

In conclusion, the Tribunal upheld the dismissal of the appeals due to non-compliance with the deposit requirements under Section 35F of the Central Excise Act within the specified period set by the Supreme Court. The subsequent deposit of the amount by the appellant after the deadline did not warrant the restoration of the dismissed appeals, as the failure to adhere to the Supreme Court's order resulted in the loss of the right to pursue the appeals further.