2013 (8) TMI 303 - AT - Central Excise

Waiver of pre-deposit under section 35F of the Central Excise Act - Appellant did not file any stay petition before the Commissioner (Appeals) Held that - Appellant had neither deposited the amount confirmed nor filed stay petition before the Commissioner (Appeals). Therefore, the Commissioner (Appeals) has rightly rejected their appeal for non-compliance of the provisions of Section 35 Decided against the Assessee.

Summary

Issues:
1. Compliance with provisions of Section 35F of the Central Excise Act, 1944 regarding pre-deposit before filing an appeal.
2. Applicability of waiver of pre-deposit and stay against recoveries of confirmed dues by the appellate authority.

Compliance with Section 35F of the Central Excise Act, 1944:
The case involved M/s. Savita Oil Technologies Limited, engaged in manufacturing excisable goods, specifically Lubricating Oil and Transformer Oil. The appellants sought provisional assessment under Rule 7 of Central Excise Rules, 2002. The Assistant Commissioner finalized the provisional assessment order, quantifying duty at Rs. 27,196 for the period from July 2011 to November 2011. The appellants appealed this order before the Commissioner of Central Excise (Appeals) without filing a stay petition or depositing the confirmed amount. The Commissioner (Appeals) rejected the appeal for non-compliance with Section 35F, which mandates depositing confirmed dues before filing an appeal. The Tribunal upheld the Commissioner's decision, emphasizing the necessity of compliance with Section 35F before approaching the appellate authority.

Applicability of Waiver of Pre-deposit and Stay:
The Tribunal highlighted that under Section 35F, depositing confirmed dues is a prerequisite for filing an appeal. However, the appellant can request the appellate authority for waiver of pre-deposit and stay against recoveries. In this case, the appellant neither deposited the confirmed amount nor filed a stay petition before the Commissioner (Appeals). Consequently, the Commissioner (Appeals) rightfully rejected the appeal due to non-compliance with Section 35F. The Tribunal affirmed this decision, emphasizing the importance of adhering to procedural requirements before seeking relief from the appellate authority. As a result, both the stay petition and the appeal were rejected by the Tribunal.

This judgment underscores the significance of complying with statutory provisions, specifically Section 35F of the Central Excise Act, 1944, before pursuing appeals before the appellate authorities. It clarifies the necessity of depositing confirmed dues or seeking waiver of pre-deposit and stay against recoveries to ensure procedural adherence and access to appellate remedies.