2001 (10) TMI 118 - HC - Central Excise

Summary

Issues:
Challenge to order of Customs, Excise and Gold (Control) Appellate Tribunal regarding exemption from pre-deposit of Excise duty.

Analysis:
The petition challenged an order by the Customs, Excise and Gold (Control) Appellate Tribunal directing the petitioner to deposit Rs. 1 Crore within six weeks for exemption from pre-deposit of Excise duty. The petitioner, engaged in tire manufacturing, faced allegations of misclassification and duty evasion. The Commissioner of Central Excise raised a demand of Rs. 7,87,84,453/-, which was contested before the Tribunal. The Tribunal, considering the financial position of the company, imposed the condition of deposit. The petitioner argued financial hardship due to being a sick company under the Sick Industrial Companies (Special Provisions) Act, 1985. The Tribunal's decision was based on factors like company turnover, written-off expenses, and depreciation claims. The Court noted that "undue hardship" under Section 35F of the Central Excise Act requires a burden out of proportion to the benefit. The Tribunal's decision to require a deposit was upheld, modifying the amount to Rs. 70 lakhs for the appeal to be heard on merits by a specified date.

The Court emphasized that the discretion of the Appellate Authority should not be interfered with unless based on irrelevant material. It was clarified that being a sick company does not automatically warrant pre-deposit waiver. The Court reviewed the financial accounts of the petitioner and found Rs. 70 lakhs as a suitable deposit amount. The judgment modified the Tribunal's order accordingly, allowing the appeal to proceed upon compliance with the revised deposit requirement by the specified deadline.

This detailed analysis covers the issues involved in the legal judgment, addressing the challenge to the Tribunal's order, the financial circumstances of the petitioner, the legal principles under Section 35F of the Act, and the Court's decision to modify the deposit condition.