2013 (7) TMI 425 - AT - Service Tax

Stay - extension of time for making pre-deposit Held that - There was no valid reason for granting the extension - illness of the appellant is just a rhetoric and the same is not supported by evidence earlier also the appellant had took the grant for extension on medical grounds - appellant did not represented before the Bench despite notice appeal decided against the assessee.

Summary

Issues: Non-compliance with pre-deposit order under Section 35F of the Central Excise Act.

Analysis:
1. The appellant was directed to pre-deposit Rs. 75 lakhs within eight weeks and report compliance by a specified date. The Assistant Registrar reported non-compliance, leading to a request for an extension. Despite multiple opportunities and extensions granted by the Bench, no evidence of pre-deposit was provided on the final date. The appellant cited illness as the reason for non-compliance, supported by a medical certificate. However, the Bench found the illness claim to be unsubstantiated and merely a rhetoric, lacking evidence.

2. The Bench emphasized that despite considering the medical grounds and granting extensions, the appellant failed to comply with the pre-deposit order under Section 35F of the Central Excise Act. The absence of a valid reason for non-compliance, coupled with the lack of evidence supporting the appellant's illness claim, led to the dismissal of the appeal. The learned counsel for the appellant admitted to having no further instructions in the matter, indicating a lack of substantive defense.

3. Ultimately, the appeal was dismissed due to the appellant's failure to comply with the statutory requirement of pre-deposit as mandated by Section 35F of the Central Excise Act. The judgment highlights the importance of adhering to legal procedures and fulfilling financial obligations in matters concerning excise duties, underscoring the significance of compliance with statutory provisions to pursue appeals effectively.