2014 (10) TMI 759 - HC - Central Excise

Waiver of pre deposit - Extension of stay order beyond period of 365 days - Held that - Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima facie case was found in favour of the assessee. The Tribunal has also observed that the appeal has not been disposed of only on account of the pendency of several older appeals and not on account of any delay on the part of the assessee - ends of justice would be met if the Tribunal is requested to dispose of the appeal expeditiously and preferably within a period of six months from date of order - Matter remanded back

Summary

Issues:
1. Extension of stay granted by the Tribunal beyond 365 days.
2. Interpretation of Section 35C (2A) of the Central Excise Act, 1944 regarding waiver of pre-deposit.

Issue 1: Extension of Stay Granted by the Tribunal beyond 365 days
The appeal by the Revenue challenged the order of the Customs, Excise & Service Tax Appellate Tribunal granting waiver of pre-deposit and unconditional stay of realisation of the adjudicated liability beyond the 365-day limit. The Revenue argued that the Tribunal erred in extending the stay period beyond 365 days, contrary to the recent amendment to Section 35-C of the Central Excise Act, 1944. The Revenue relied on a previous judgment by the High Court of Allahabad in a similar case to support their argument that granting indefinite waiver of pre-deposit defeats the purpose of the law. The Tribunal had granted the extension of stay due to the pendency of older appeals and not due to any delay on the part of the assessee.

Issue 2: Interpretation of Section 35C (2A) of the Central Excise Act, 1944
Section 35C (2A) of the Central Excise Act, 1944 mandates the disposal of appeals within specific timeframes, especially when an order of stay is in place. The Division Bench of the High Court referred to a Supreme Court decision regarding the interpretation of this provision. The Supreme Court emphasized that the Tribunal should not extend the period of stay indefinitely unless there are valid reasons beyond the control of the assessee. The Division Bench reiterated that the purpose of the law would be defeated if the waiver of pre-deposit is granted indefinitely. Therefore, the Division Bench directed the Tribunal to decide the appeal expeditiously, ideally within six months from the date of extension, while ensuring that the waiver of pre-deposit remains valid for the same period.

In conclusion, the High Court upheld the decision of the Tribunal, emphasizing the need for expeditious disposal of appeals and adherence to the statutory timelines for stay orders. The Court answered the questions of law based on the interpretation provided by the Division Bench in a similar case. The appeal was disposed of with no order as to costs, maintaining the validity of the waiver of pre-deposit for a specific period to ensure the efficient resolution of the appeal.