2012 (10) TMI 413 - AT - Central Excise

Restoration of appeal delay in filing appeal - non-compliance with the requirement of pre-deposit Held that - Only 50% of the amount required to be deposited has been deposited and restoration application has been filed after 4 years. Because of the inordinate delay in filing the restoration application, the arguments regarding merits of the case cannot be considered without considering the plea of ld. SDR about delay in filing the application - application filed with such a delay for restoration of appeal, cannot be considered

Summary

Issues:
1. Non-compliance with pre-deposit requirement leading to appeal dismissal.
2. Financial difficulty and closure of business affecting balance amount deposition.
3. Tribunal's decision on time limit for filing restoration application.

Issue 1: Non-compliance with pre-deposit requirement:
The appellants were directed to deposit the entire duty amount demanded, but only deposited 50% after delays. The Tribunal extended the deadline for depositing the remaining amount, but the appellants failed to comply, resulting in appeal dismissal.

Issue 2: Financial difficulty and closure of business:
The appellant argued financial difficulty and business closure prevented them from depositing the balance amount. The consultant cited Tribunal decisions favoring appellant's eligibility for credit in similar situations, requesting restoration without the balance dues deposit.

Issue 3: Tribunal's decision on time limit for restoration application:
The Tribunal referred to a previous case where it was held that restoration applications must be filed within three months, the maximum time allowed for filing an appeal. The Tribunal emphasized the importance of timely application filing and noted a case where a significant amount was deposited, but the restoration application was filed after about 8 months. In this case, only 50% was deposited, and the restoration application came after 4 1/2 years, leading to dismissal based on the delay in filing the application.

In conclusion, the Tribunal dismissed the restoration application due to the significant delay in filing, following precedent decisions and emphasizing the importance of timely compliance with procedural requirements.