2013 (11) TMI 533 - HC - Central Excise

Stay - Full duty amount ordered to be deposited by the tribunal - Held that - The appeal was taken up for hearing on several days and the appellant did not bother to appear to press the appeal - The Tribunal suo motu passed an order asking the appellant to deposit the entire amount - the deposit of the entire amount would be too harsh Thus the appellant directed to deposit 50% of the basic amount of tax to be submitted to Tribunal Balance 50% to be secured by furnishing a bank guarantee Decided partly in favour of Petitioner.

Summary

Issues:
1. Failure to appear for appeal hearing and deposit required amount.
2. Consideration of modification application by the Tribunal.
3. Setting aside the impugned order and passing a new order.

Analysis:
1. The judgment deals with the issue of the appellant failing to appear for the appeal hearing and not depositing the required amount as directed by the Tribunal. The High Court noted that the appeal should not have been dismissed outright, but also found the Tribunal's order of depositing the entire amount to be too harsh. Consequently, the Court set aside the impugned order and issued a new directive regarding the deposit of the tax amount.

2. Another issue addressed in the judgment is the consideration of the modification application by the Tribunal. The High Court observed that the application for modification should have been either accepted or rejected by passing an appropriate order. The Court expressed dissatisfaction with the Tribunal's handling of the matter and emphasized the need for a proper decision on such applications to avoid confusion and ensure procedural fairness.

3. The final issue discussed in the judgment pertains to setting aside the impugned order and issuing a new directive regarding the deposit of the tax amount. The High Court specified that if the appellant deposits 50% of the basic tax amount as per the earlier order and secures the remaining 50% with a bank guarantee within a specified timeframe, the appeal would be heard on merit. Failure to comply with this directive would result in the revival of the Tribunal's original order, thus emphasizing the importance of meeting the specified conditions for the appeal to proceed.

In conclusion, the judgment addresses various issues related to the appellant's failure to appear for the appeal hearing, the consideration of the modification application by the Tribunal, and the setting aside of the impugned order with new directives for depositing the tax amount. The High Court's decision aims to balance procedural requirements with fairness and provides clear guidelines for the appellant to follow in order to proceed with the appeal process effectively.