1999 (4) TMI 91 - HC - Central Excise

Summary

Issues:
Challenge to order of Customs, Excise & Gold (Control) Appellate Tribunal for non-compliance of pre-deposit conditions under Section 35F of Central Excise Act.

Analysis:
The petitioner challenged an order passed by the Customs, Excise & Gold (Control) Appellate Tribunal for dismissing the appeal due to non-compliance with pre-deposit conditions under Section 35F of the Central Excise Act. The petitioner had been directed to pay a specific amount within a set period, with the balance being waived. However, the petitioner failed to comply with this order despite various opportunities. The Tribunal ultimately dismissed the appeal for non-compliance with the pre-deposit conditions. The petitioner argued that the demand was unjustified and that the Tribunal should have fully waived the pre-deposit conditions due to financial hardship. The Court noted that the Tribunal's order became conclusive after the dismissal of a related writ petition, leaving no option for the petitioner but to deposit the amount as directed. The Court found that the Tribunal's decision to dismiss the appeal was in accordance with the law, as Section 35F mandates the deposit of adjudicated dues or partial waiver for appeal entertainability. The Court dismissed the writ petition, stating that no grounds for interference under Article 226 of the Constitution of India were present and awarded costs to the respondents.