2012 (11) TMI 910 - HC - Central Excise

Complete waiver of pre-deposit CESTAT by a considered order, held prima facie case was satisfied that the entire payment was barred by time - They made it clear that the stay order will continue in force even after 180 days Held that - When complete waiver is granted, there is an obligation cast on the Tribunal to dispose of the appeal within 180 days - If the entire claim is barred by time and if the assessee is made to deposit the entire amount, certainly it would cause great hardship. - The proper course would be to remit the matter to the Tribunal with a direction to dispose of the appeal within four months from the date of receipt of copy of this order - Writ petition is rejected

Summary

Issues:
1. Writ petition for quashing an order passed by CESTAT regarding Service tax and penalty.
2. Application for waiver of pre-deposit.
3. Admissibility of writ petition and interim stay order.
4. Tribunal's power to grant complete waiver.
5. Disposal of appeal within 180 days.
6. Interference with the impugned order and remitting the matter back to the Tribunal.

Analysis:
1. The writ petition was filed by the revenue to quash an order passed by CESTAT regarding Service tax and penalty. The CESTAT had ordered complete waiver of pre-deposit amount demanded in the impugned order, stating that the entire payment was barred by time. The High Court admitted the writ petition and granted an interim stay of the said order, leading to the appeal not being taken up for consideration and being disposed of.

2. The Tribunal has the discretion to grant a complete waiver of pre-deposit amount, and in this case, it exercised its discretion based on the satisfaction that the entire payment was time-barred. The Tribunal's decision was in accordance with statutory provisions, and it was obligated to dispose of the appeal within 180 days. However, due to the stay order granted by the High Court, the appeal was not disposed of within the stipulated time frame.

3. After hearing both parties, the High Court found no grounds for interference with the impugned order. Recognizing that requiring the assessee to deposit the entire amount would cause hardship if the claim was time-barred, the High Court decided to remit the matter back to the Tribunal with a direction to dispose of the appeal within four months from the date of receipt of the order.

4. Consequently, the High Court rejected the writ petition, vacated the interim order, and remitted the entire matter back to the Tribunal for consideration on merits and in accordance with the law within the specified four-month period. The order emphasized the need for the assessee to cooperate with the Tribunal in the appeal's disposal and did not impose any costs in this regard.