2012 (12) TMI 101 - AT - Central Excise

Demand - fraud - attachment of the property - department s request for continuance of attachment and directed the appellant to deposit an amount of Rs.6 crores - appellant s submission that the attachment of the property by the Revenue should be ordered to be released so as to enable him to dispose the same and deposit Rs.6 crores as directed by the Tribunal Held that - Difference of opinion between members regarding following issues - Whether it is justified to revoke the notice of attachment in respect of all the four items of properties at this stage when the stay order has not taken effect at all - Whether in the facts and circumstances of the case it will be better to order release of properties only to the extent necessary to raise Rs. Six crores at this stage - Whether it will be appropriate to allow the Revenue to take action to realize Rs. 6 crores by completing the process of attachment and sale of such property - matter referred to larger bench.

Issues:
1. Challenge to stay order directing deposit of Rs.6 crore.
2. Modification application regarding property attachment and deposit.
3. Consideration of financial status and fraud allegations.
4. Confirmed duty arrear and pre-deposit order.
5. Request for release of attached property and deposit conditions.
6. Conflict between attachment notice and stay order.
7. Resolution of differences of opinion between judges.

Issue 1: Challenge to stay order directing deposit of Rs.6 crore
The appellant challenged a stay order directing the deposit of Rs.6 crore as a condition for hearing their appeal, which was confirmed by the Hon'ble High Court. The High Court observed the appellant's property attachment and granted liberty to make an appropriate application before the Tribunal.

Issue 2: Modification application regarding property attachment and deposit
The appellant filed a modification application seeking release of the attached property to enable them to dispose of it and deposit the required amount. The Tribunal found the attachment was not considered during the initial stay order and directed the appellant to deposit Rs.6 crore within four weeks, releasing the property within the same period.

Issue 3: Consideration of financial status and fraud allegations
One judge expressed concerns over the appellant's financial status and potential evasion of payment, highlighting the need for safeguards against non-compliance. The case involved duty evasion, revenue loss, and the risk of the appellant vanishing without settling dues.

Issue 4: Confirmed duty arrear and pre-deposit order
The Tribunal confirmed a duty arrear of Rs.26 crores and ordered a pre-deposit of Rs.6 crores for the appeal hearing. The Revenue had attached properties worth Rs.17 crores, leading to a request for further deposit and retention of the attached property.

Issue 5: Request for release of attached property and deposit conditions
The appellant requested the release of the attached property to raise funds for the deposit, emphasizing the lack of movable or immovable assets due to the attachment. The Tribunal directed the Revenue to release the property and upheld the Rs.6 crore deposit requirement within a specified timeline.

Issue 6: Conflict between attachment notice and stay order
There was a disagreement between judges regarding the revocation of the attachment notice and the need to ensure compliance with the deposit order. The Tribunal was urged to consider the Revenue's powers under relevant sections and impose necessary conditions to safeguard revenue interests.

Issue 7: Resolution of differences of opinion between judges
The judges identified points of difference related to revoking the attachment notice, releasing properties to raise the required amount, and allowing the Revenue to realize Rs.6 crores through attachment and sale. The Registry was directed to resolve these differences promptly.

This detailed analysis covers the key issues addressed in the judgment, providing insights into the legal considerations and decisions made by the Tribunal.

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