2015 (10) TMI 1200 - AT - Central Excise

Waiver of pre deposit - Mandatory pre deposit - Held that - Tribunal is a creature of Customs, Excise and Service Tax Acts and cannot go beyond the provisions of the said Act. Section 35F clearly provides for deposit of 7.5% and does not give this Tribunal any discretionary powers to waive the same. We accordingly, hold that the appeals are not maintainable. - Decided against assessee.

Summary

Issues Involved:
Appeal without depositing 7.5% of duty or penalty amount as per Section 35F of the Central Excise Act, 1944.

Analysis:
The appellants filed appeals without depositing the required 7.5% of the duty or penalty amount as mandated by Section 35F of the Central Excise Act, 1944. This led to a show-cause notice questioning the maintainability of the appeals before the Tribunal. The appellants argued that they lacked the funds to make the deposit and requested the appeals to be heard without any pre-deposit. However, the Additional Commissioner (AR) pointed out a previous decision by the Tribunal that emphasized the mandatory nature of the deposit. The Tribunal examined Section 35F, which clearly outlines the requirement for the deposit and does not grant discretionary powers to waive it. Consequently, the Tribunal concluded that the appeals were not maintainable due to the failure to comply with the statutory deposit requirement. As a result, the appeals filed by the appellants were dismissed by the Tribunal. The judgment underscores the strict adherence to statutory provisions, emphasizing the mandatory nature of the deposit specified under Section 35F of the Central Excise Act, 1944. The Tribunal's decision highlights the importance of complying with procedural requirements to maintain the appeal's validity before the Tribunal.