2009 (9) TMI 662 - HC - Central Excise

Writ petition - challenging a conditional stay order passed by Tribunal - Tribunal directed the payment of the entire duty only on the ground that the amount involved is small in the sense that it is less than Rs. 1 lakh Held that - quantum cannot be the sole criteria for deciding a stay petition, writ petition is allowed, the impugned order is set aside and the matter remitted back to the first respondent Tribunal for a fresh consideration in accordance with law

Summary

Issues:
Challenge to conditional stay order passed by Customs, Excise and Service Tax Appellate Tribunal.

Analysis:
The petitioner challenged a conditional stay order issued by the Customs, Excise and Service Tax Appellate Tribunal. The petitioner had initially filed an appeal against an Order-in-Original by the Assistant Commissioner of Central Excise, which was dismissed by the Commissioner (Appeals). The Commissioner confirmed a demand of Rs. 99,264 under Section 11A of the Central Excise Act, 1944, along with interest under Section 11B and a penalty under Section 11AC. Subsequently, the petitioner appealed to the Tribunal, seeking stay and waiver. The Tribunal, in its order, directed the payment of the entire duty while waiving the pre-deposit of interest and penalty. The petitioner contested this decision, arguing that the Tribunal did not consider the prima facie case, balance of convenience, and irreparable hardship in deciding the waiver and stay petition. The Court acknowledged the petitioner's argument, noting that the Tribunal's reasoning based on the amount being less than Rs. 1 lakh was insufficient. The Court emphasized that the quantum of duty should not be the sole criterion for deciding a stay petition. Therefore, the Court allowed the writ petition, set aside the impugned order, and remitted the matter back to the Tribunal for a fresh consideration in accordance with the law. No costs were awarded in this decision.