2001 (3) TMI 118 - HC - Central Excise

Summary

Issues:
Challenge to order passed by Customs, Excise and Gold (Control) Appellate Tribunal for waiver of pre-deposit of penalties and stay of recovery during pendency of appeals.

Analysis:
The writ petition challenged the order of the Tribunal directing a deposit of Rs. 30 lakhs against disputed demands of Rs. 90.75 lakhs arising from penalties imposed under the Customs Act, 1962. The penalties were imposed on various entities for non-compliance with import policies, specifically regarding the use of non-ferrous metals. The petitioner disputed the penalties, claiming coercion in admissions and contradicting the factual findings regarding the usage of the metals in question.

During the hearing, the petitioner argued against the conclusions drawn by the authorities, emphasizing coercion in obtaining admissions and disputing the lack of manufacturing capacity in the units involved. The Tribunal acknowledged the need for a detailed examination during the appeal hearing but found a prima facie case for waiver of penalties was not established. Despite citing financial hardship, the Tribunal directed a deposit of Rs. 30,00,000 within 12 weeks, considering statutory prescriptions and the petitioner's ample opportunity to present their case.

The petitioner contended that the Tribunal overlooked relevant aspects and relied on unfounded allegations of non-usage and disposal of materials. The petitioner's financial constraints were highlighted, opposing the ability to comply with the deposit requirement. The respondent supported the Tribunal's decision, emphasizing the factual background leading to the penalties.

In reviewing the Tribunal's order, the High Court noted the limited scope for interference in such matters unless the decision is perverse, unreasonable, or lacks basis. The Court found that the Tribunal had considered the legal principles and factual submissions, including the impact of the Settlement Commission's order. Consequently, the Court declined to interfere with the Tribunal's decision but extended the deposit deadline to the end of May, 2001, requiring compliance by June 6, 2001, without further notice. The petition was disposed of accordingly.