2015 (2) TMI 424 - AT - Central Excise

Waiver of pre deposit - Demand u/s 11D - Held that - Appellant is directed to make deposit of the entire demand which has been collected by the appellant for which adjudication has been made under Section 11D of the Central Excise Act, 1944 within 4 weeks and compliance shall be made on 7.2.2015. Upon compliance, there shall be waiver of pre-deposit of balance demand in question and stay of recovery thereof during pendency of the appeal. - Partial stay granted.

Summary

Issues:
1. Stay application under Section 11D of the Central Excise Act, 1944.

Analysis:
The judgment delivered by the Appellate Tribunal CESTAT CHENNAI addressed a stay application made under Section 11D of the Central Excise Act, 1944. The Tribunal referred to a previous judgment by the apex court in the case of ACCE West Bengal Vs Dunlop India Ltd. & Others [1985 (19) ELT 22 (SC)], highlighting the importance of not jeopardizing the collection of public revenue through interim orders. The Tribunal emphasized that public authorities are presumed to function properly and with due regard to public interest, cautioning against granting far-reaching interim relief without sufficient justification. The Tribunal directed the appellant to deposit the entire demand collected under Section 11D within four weeks, with compliance required by a specified date. Upon such compliance, there would be a waiver of pre-deposit of the balance demand in question, and the stay of recovery would be granted during the pendency of the appeal, subject to any previous deposits made by the appellant. The stay application was disposed of accordingly, based on the directions provided in the judgment.

This judgment underscores the significance of upholding the proper collection of public revenue and the need for caution in granting interim relief that may impact such collection. By citing a previous apex court decision, the Tribunal emphasized the potential adverse consequences of indiscriminate interim orders on public authorities and revenue streams. The directive to deposit the entire demand under Section 11D and the subsequent waiver of pre-deposit for the balance demand during the appeal process reflect a balanced approach that aims to ensure compliance while also considering the appellant's circumstances. The Tribunal's decision aligns with the principles of prudence, discretion, and circumspection in granting stay orders, emphasizing the need to balance various factors, including irreparable injury, public interest, and the burden on public revenue.