2011 (5) TMI 346 - AT - Central Excise

Failure to comply with stay order - Pre-deposit of duty - Note that neither anybody is present on behalf of the appellant nor is there any order of Hon ble High Court placed on record - It is not the contention of the applicant that the said Stay Order passed by the Tribunal read with subsequent orders, stand stayed by Hon ble High Court - As such, the view that the appeal is required to be dismissed for non-compliance of provisions of Section 35F of Central Excise Act, 1944 read with the various orders referred supra - Hence, order accordingly.

Summary

Issues: Non-compliance with deposit order under Section 35F of Central Excise Act, 1944

The judgment by the Appellate Tribunal CESTAT, Ahmedabad involved the issue of non-compliance with a deposit order under Section 35F of the Central Excise Act, 1944. The appellants were directed to deposit a specific duty amount within a specified period. Despite extensions granted, the appellants failed to comply with the deposit order. The matter was repeatedly brought before the Board to ensure compliance. An advocate representing the appellants mentioned filing a writ petition before the High Court against the Tribunal's order. The compliance deadline was extended multiple times based on the progress of the High Court proceedings. However, on the final compliance date, neither the appellants nor any High Court order was presented. The Tribunal noted that there was no stay order from the High Court regarding the deposit order. Consequently, the Tribunal decided to dismiss the appeal due to the non-compliance with the provisions of Section 35F of the Central Excise Act, 1944 and the previous orders issued.

In this case, the primary issue revolved around the failure of the appellants to comply with the deposit order issued under Section 35F of the Central Excise Act, 1944. Despite being directed to deposit a specific duty amount within a specified timeframe, the appellants did not fulfill this obligation. The Tribunal granted extensions for compliance, taking into account the progress of the matter before the High Court. However, on the final compliance date, neither the appellants nor any High Court order indicating a stay on the deposit order was presented. As a result, the Tribunal, noting the absence of a stay order and the continuous non-compliance with the deposit order, decided to dismiss the appeal. This decision was based on the failure to adhere to the provisions of Section 35F of the Central Excise Act, 1944, and the previous orders issued in this regard.

The Tribunal's judgment highlighted the critical issue of non-compliance with a deposit order under Section 35F of the Central Excise Act, 1944. Despite extensions granted and multiple adjournments based on the progress of the matter before the High Court, the appellants failed to meet the deposit requirements within the specified timeframe. The Tribunal emphasized that there was no indication of a stay order from the High Court regarding the deposit order. Consequently, the Tribunal concluded that the appeal needed to be dismissed due to the continuous non-compliance with the provisions of Section 35F of the Central Excise Act, 1944, and the preceding orders issued in this context.