2015 (1) TMI 674 - HC - Central Excise

Order of attachment - Pre deposit made by assessee - Held that - The records before the Court would indicate that the order of attachment was passed on 29 May 2012 by the Assistant Commissioner. Subsequently, the Tribunal has taken note of the fact that the petitioner has already deposited an amount of ₹ 10,00,000/- as against a total demand of ₹ 21.97 lacs and has granted, on that basis, a dispensation of the balance of the deposit. - in view of the order passed by the Tribunal, the attachment cannot be allowed to continue and ought to be lifted. Once the Tribunal has granted a stay on the recovery of the balance of the duty, the attachment of the properties which is a step in aid of the realisation of duty cannot be allowed to stand. - Decided in favour of assessee.

Summary

Issues: Attachment of property by Central Excise Department due to outstanding excise dues, petitioner's challenge against the attachment, Tribunal's dispensation of the balance of deposit, petitioner's request to lift the attachment.

Analysis:
1. The case involved the attachment of the petitioner's property by the Central Excise Department due to outstanding excise dues of the erstwhile borrower, which the petitioner had partially deposited following a demand of &8377; 21,97,506/-. The petitioner challenged the demand in court and was directed to deposit &8377; 10,00,000/-. Subsequently, the petition was dismissed, and the appeal to the Commissioner (Appeals) was also unsuccessful. The petitioner then appealed to the CESTAT, where a dispensation of the balance of the deposit was granted on the grounds that the petitioner had already deposited a significant amount in comparison to the duty demand.

2. The High Court considered the records and noted that the Tribunal had recognized the petitioner's deposit of &8377; 10,00,000/- against the total demand, leading to a dispensation of the remaining balance. The Court acknowledged the petitioner's argument that once the Tribunal had stayed the recovery of the balance of duty, the attachment of properties should not be allowed to continue as it was a measure to aid in duty realization. Therefore, the Court found merit in the petitioner's contention that the attachment should be lifted since the Tribunal had already granted a stay on the duty recovery.

3. Consequently, the Court allowed the petition and set aside the order of attachment issued by the Assistant Commissioner on 29 May 2012. The Court held that the attachment could not be allowed to stand in light of the Tribunal's decision to dispense with the remaining deposit balance. As a result, the attachment of the petitioner's property was lifted, and no costs were awarded in the matter.