2012 (7) TMI 325 - AT - Customs

Non compliance of the order of pre deposit - Held that - The first appellate authority has dismissed the appeal only on the ground of non compliance of the order of pre-deposit whereas on a specific query the SDR confirmed that the appellant has deposited the said amount on 03.06.2011 - set-aside the impugned order and remand the matter back to the first appellate authority dispose the same on merits.

Summary

Issues:
1. Dismissal of appeal for non-compliance of pre-deposit order.
2. Application for waiver of pre-deposit.
3. Compliance with pre-deposit order.
4. Setting aside the impugned order.
5. Remand of the matter to the first appellate authority.

Analysis:

The judgment by the Appellate Tribunal CESTAT, Ahmedabad, dealt with the issue of the dismissal of an appeal by the first appellate authority due to non-compliance with the pre-deposit order. The appellant had submitted proof of depositing the entire duty amount but was unable to do so before the first appellate authority passed the dismissal order. The Tribunal noted the narrow compass of the issue and, after allowing the application for waiver of pre-deposit, proceeded to dispose of the appeal.

Upon reviewing the records, the Tribunal observed that the first appellate authority had indeed dismissed the appeal solely based on the non-compliance with the pre-deposit order. The appellant had deposited the required amount as directed by the first appellate authority, confirming compliance with the pre-deposit condition. Consequently, the Tribunal found it necessary to set aside the impugned order that dismissed the appeal for non-compliance.

In light of the above findings, the Tribunal decided to set aside the impugned order and remand the matter back to the first appellate authority. The direction was given to the authority to reinstate the appeal to its original status and proceed with a merit-based disposal of the case. Ultimately, the appeal was allowed through remand, ensuring that the matter would be reconsidered based on its merits by the first appellate authority.

The judgment, delivered by Mr. M.V. Ravindran of the Appellate Tribunal CESTAT, Ahmedabad, provided a clear resolution to the issue of non-compliance with the pre-deposit order, emphasizing the importance of procedural adherence and ensuring that appeals are considered on their merits.