2011 (6) TMI 262 - AT - Customs

Application for stay - Failure to comply with the direction to pre-deposit - restoration of appeal - The restoration application have been filed almost four years after dismissal of the Appeal. - Held that - Considering the facts of the case, appeals restored - a balance can be struck by restoring the Appeal and taking up the case for early hearing.

Summary

Issues:
1. Allegation of diversion of export goods and non-realization of export proceeds as per prescribed manner.
2. Demand of Rs. 22 crores from exporting firms and imposition of penalties.
3. Dismissal of appeals due to non-compliance with pre-deposit order.
4. Declined interference by Delhi High Court in waiver of dues for appeal hearing.
5. Restoration applications filed after remittance of Rs. 2.5 crores by one of the exporting firms.
6. Request for leniency, citing financial hardship and delay in compliance.
7. Arguments for and against restoration of appeals based on past tribunal decisions and financial implications.

Analysis:
1. The case involved allegations of diversion of export goods and non-realization of export proceeds as per the prescribed manner. The exporting firms were accused of diverting goods from ports in Finland for sale in other countries, leading to a demand of Rs. 22 crores and imposition of penalties.

2. The appeals filed by the exporting firms were dismissed due to non-compliance with the pre-deposit order. Despite efforts to seek waiver of dues for appeal hearing, the Delhi High Court declined to interfere in the matter, resulting in the dismissal of the appeals.

3. After remitting Rs. 2.5 crores, restoration applications were filed by the exporting firms, citing financial hardship and delay in compliance. The argument for leniency was supported by past tribunal decisions where delays were condoned, emphasizing the need for a chance to prove innocence.

4. The opposing argument highlighted the significant amount involved and questioned the sincerity of the appellants' financial hardship claims. The contention was that the appellants only remitted the amount due to pressure from the Revenue recovery section, and restoring the appeals could lead to non-cooperation in the future.

5. The Tribunal considered both arguments and decided to restore the appeals, emphasizing the need to strike a balance and allow for a fair hearing to address the remaining demand. The decision was based on the specific circumstances of the case and the lack of restrictions on the Tribunal's discretion in restoring the appeal.

6. Ultimately, the appeals were restored and scheduled for an early hearing, providing the exporting firms with an opportunity to present their case and argue the merit for a final decision on the allegations and demands made against them.