2014 (3) TMI 836 - HC - Central Excise

Quantum of pre-deposit - Waiver of pre deposit - Extension of time period for pre deposit - Held that - A prayer was made by the learned counsel for the appellant to extend the time for pre-deposit. However, in the interest of justice, we extend the time to deposit the amount - Decided partly in favour of assessee.

Summary

Issues:
Delay in filing the appeal condonation application.
Quantum of pre-deposit for hearing the appeal.

Issue 1: Delay in filing the appeal condonation application
The judgment addresses an application for condonation of a 26-day delay in filing the appeal. The delay was supported by reasons mentioned in the application and an accompanying affidavit. The court, presided over by Justice Ajay Kumar Mittal, granted the condonation of the 26-day delay in filing the appeal. The case was disposed of accordingly.

Issue 2: Quantum of pre-deposit for hearing the appeal
The appeal was filed under Section 35G of the Central Excise Act, 1944 against an order passed by the Tribunal. The appellant contested the requirement to deposit Rs. 2.75 crores out of a demand of Rs. 3.3 crores, given their annual turnover of Rs. 9 crores. The primary dispute revolved around the justification of the pre-deposit amount. The appellant had already deposited Rs. 75 lacs and voluntarily added another Rs. 25 lacs during the appeal's pendency. The court, after hearing arguments from both sides, directed the appellant to deposit an additional sum of Rs. 25 lacs as a condition precedent for hearing the appeal to ensure justice. The court extended the time for this deposit until 30.4.2014, with a directive that the appeal would be heard on merits by the Tribunal if the appellant complied with the deposit requirement by the specified date.

This judgment from the Punjab & Haryana High Court involved two main issues: the condonation of a delay in filing the appeal and determining the quantum of pre-deposit necessary for hearing the appeal under the Central Excise Act, 1944. Justice Ajay Kumar Mittal presided over the case and granted the condonation of the 26-day delay in filing the appeal. Regarding the pre-deposit amount, the court directed the appellant to deposit an additional sum of Rs. 25 lacs as a condition for hearing the appeal to meet the ends of justice. The court extended the deadline for this deposit until 30.4.2014, with the provision that compliance would lead to the appeal being heard on merits by the Tribunal.