1998 (3) TMI 149 - HC - Central Excise

Summary

Issues:
1. Dismissal of appeals by the Customs, Excise & Gold (Control) Appellate Tribunal (CEGAT) due to non-compliance with deposit conditions under Section 35F of the Central Excise Act, 1944.
2. Challenge to the dismissal of appeals through writ petitions.
3. Consideration of the petitioners being deprived of an opportunity of hearing solely based on non-compliance with deposit conditions.
4. Direction for restoration of appeals and hearing on merits subject to certain conditions.

Analysis:
The High Court of Judicature at Calcutta dealt with two writ petitions analogously where the petitioners had appealed before the CEGAT against penalties imposed by the Adjudicating Authority. The CEGAT allowed the appeals subject to a condition to deposit 25% of the penalty within a specified timeframe. The petitioners failed to comply with this condition, leading to the dismissal of their appeals by the CEGAT. Subsequently, the petitioners filed writ petitions challenging the dismissal, which were initially deemed infructuous due to the dismissal of the appeals by the CEGAT.

The Court observed that under Section 35F, depositing the penalty demanded is a pre-condition for filing an appeal, but the Appellate Tribunal has the power to dispense with such deposit under certain conditions. In this case, the petitioners were granted relief by the CEGAT under the proviso to Section 35F but failed to comply with the condition, resulting in the dismissal of their appeals. The Court noted that the dismissal was not based on the merits of the case but on non-compliance with the deposit condition.

The Court rejected the argument that the dismissal was unjustified due to pending writ petitions, emphasizing that there was no stay order in place, and the deposit timeframe had lapsed long before. However, the Court acknowledged that the petitioners should have an opportunity for a hearing on the merits of the case, especially considering the significant time elapsed since the original order. Therefore, the Court directed the petitioners to deposit the entire amount due within a specified period, after which the CEGAT would restore the appeals for a proper hearing.

Additionally, the Court directed that if the confiscated goods were not sold, the Customs Authorities were prohibited from selling them for a specified period. The sale of goods would be subject to the petitioners complying with the deposit conditions. Failure to comply within the specified period would allow the Customs Authorities to dispose of the goods lawfully. Lastly, since no opposing affidavits were filed, the Court deemed the averments in the writ petitions as not admitted, and all parties were instructed to act on a signed copy of the order.