2015 (9) TMI 1133 - AT - Customs

Restoration of appeal - non-compliance of stay Order - Held that - On perusal of records and considering the medical certificate, technical difficulties of making the payment of predeposit after mobilising the funds and also considering the fact since the appellant has complied with predeposit on 19.2.2015, the compliance is noted. The dismissal order of appeal is recalled and the appeal is restored to its original number - Appeal restored.

Summary

Issues: Non-compliance with predeposit order leading to dismissal of appeal, application for restoration of appeal based on medical grounds and technical difficulties in making payment.

Analysis:

The judgment by the Appellate Tribunal CESTAT CHENNAI involved the issue of non-compliance with a predeposit order, resulting in the dismissal of the appeal. The appellant was directed to predposit a certain amount within a specified time frame, but failed to do so, leading to the dismissal of the appeal for non-compliance. The dismissal was based on the Final Order No.40351/2014 dated 20.6.2014, when the appellant did not appear or file any compliance despite being listed for the matter.

Subsequently, the appellant filed an application for the restoration of the appeal, citing medical reasons for the non-compliance with the predeposit order. The appellant's consultant explained that the proprietor of the company was suffering from Spondylosis and faced challenges in mobilizing funds during the period of illness. The appellant had enclosed a medical certificate from M/s. Chettinadu Super Speciality Hospital to support this claim. Additionally, the appellant encountered technical difficulties when attempting to deposit the funds, as the bank refused to accept the payment without an assessee code, even though the appellant had closed the business in March '06 and surrendered the Registration Certificate.

During the proceedings, the appellant's consultant referred to relevant legal decisions to support the plea for restoration of the appeal, emphasizing the medical and technical challenges faced by the appellant. On the other hand, the Revenue's representative argued that the appellant did not seek an extension of time after depositing the amount, nor did they provide a reply or medical certificate promptly. The Revenue highlighted the distinction between the present case and the cited legal precedents, where appellants sought extensions and made payments within a week, unlike the delayed compliance in this case.

After considering the submissions from both parties, reviewing the records, and acknowledging the medical certificate and technical difficulties faced by the appellant, the Tribunal decided to allow the restoration of the appeal. The Tribunal noted the appellant's compliance with the predeposit on 19.2.2015 and recalled the dismissal order, thereby restoring the appeal to its original number. The Tribunal's decision to grant Relief of Appeal (ROA) was based on the appellant's eventual compliance with the predeposit order, taking into account the unique circumstances and challenges faced by the appellant.