1987 (8) TMI 109 - HC - Central Excise

Summary

Issues: Failure of the Tribunal to consider the plea of the demand being barred by limitation, direction to deposit a sum of money, failure to record a conclusion as per the court's direction.

Analysis:
The petitioner had initially filed a writ petition under Article 226 of the Constitution of India, raising concerns about the requirement of depositing duty as a precondition for appeal consideration, specifically arguing that the demand was time-barred. The High Court had directed the Customs, Excise and Gold (Control) Appellate Tribunal to re-examine the petitioner's application, emphasizing the need to evaluate the limitation aspect, albeit prima facie. Despite this direction, the Tribunal's subsequent order did not conclusively address the limitation issue, focusing instead on financial hardship and directing the petitioner to deposit a significant sum of money. The High Court, noting the Tribunal's failure to adhere to its directive, set aside the Tribunal's order and instructed a fresh consideration in line with the previous court order, emphasizing expeditious resolution. The writ petition was disposed of with these observations, ensuring parties receive a copy of the order promptly upon payment.