2007 (7) TMI 161 - HC - Central Excise

Non-compliance with order of pre-deposit Not proved by assessee that compliance of requirement of pre-deposit would cause undue hardship to it no any evidence like the audited balance sheet or returns have been shown Substantial justice has been done to petitioner so petition is dismissed

Summary

Issues:
Challenge to appellate order under Section 35F of the Central Excise Act, 1944 for waiver of pre-deposit of duty and penalty and stay of appellate order.

Analysis:
1. The petitioner, engaged in manufacturing threaded roof bolts, challenged the demand and penalties imposed by the Additional Commissioner of Central Excise. The appeal was dismissed by the Commissioner of Customs and Central Excise (Appeals - III), leading to a challenge before the Tribunal.

2. The Tribunal, considering the manufacturing process and relying on a previous judgment, directed the petitioner to deposit a sum of Rs.3,00,000 within three months, waiving the balance duty and penalty. The petitioner argued against this decision, citing inconsistency in Tribunal rulings and the nature of goods manufactured.

3. The Assistant Solicitor General defended the Tribunal's decision, emphasizing the tenability of the petitioner's claim, the binding nature of the Full Bench judgment, and the absence of evidence showing undue hardship caused by the pre-deposit requirement.

4. The Court analyzed Section 35F of the Act, highlighting the requirement for deposit pending appeal, with provisions for dispensation if undue hardship is proven. The Court upheld the Tribunal's decision, noting the prima facie opinion on excisability of goods and lack of evidence demonstrating undue hardship.

5. The Court found that the petitioner failed to substantiate financial hardship adequately, as no concrete evidence was presented to support the claim. The Tribunal's order of waiving a significant portion of the duty and penalty was considered fair, leading to the dismissal of the writ petition.

6. The Court concluded that the judgments cited by the petitioner were not relevant to the case at hand, ultimately dismissing the writ petition and the related interim relief application.