2015 (9) TMI 1309 - AT - Customs

Waiver of pre deposit - Imposition of penalty - Held that - Predeposit of penalty was called for after considering the arguments made by the appellant. Appellant neither appeared nor made any deposit to comply with the order. Only after issuance of notice on 18.5.2015, appellant has come with a prayer for modification of stay order. In spite of sufficient opportunity granted, appellant has not complied with stay order. We do not find any merit in the submissions of appellant and the citations referred to in the written submissions are not applicable to the case. - Decided against assessee.

Summary

Issues: Non-compliance with predeposit of penalty leading to dismissal of appeal. Financial difficulties as a reason for non-compliance. Request for reconsideration of stay order.

The judgment by the Appellate Tribunal CESTAT Chennai, delivered by Shri R. Periasami and Shri P.K. Choudhary, JJ., pertains to a case where the appellant was directed to predeposit penalty amounts of Rs. 35 lakhs and Rs. 25 lakhs within 8 weeks, with a compliance deadline of 18.5.2015. However, on the compliance date, the appellant failed to appear, prompting a notice for appeal dismissal. The appellant later claimed financial difficulties for non-compliance and requested a reconsideration of the stay order, citing inability to respond since 18.5.2015.

Upon reviewing the submissions, the Tribunal noted that the predeposit was required based on the appellant's arguments, yet no compliance was made despite the ample opportunity. The appellant's plea for stay order modification post-notice issuance was deemed untimely. The Tribunal found no merit in the appellant's arguments or the citations provided, leading to the dismissal of the appeals due to non-compliance.