2002 (8) TMI 115 - HC - Central Excise

Summary

Issues:
Challenge to orders passed by Commissioner of Central Excise under Section 35F of the Central Excise Act, 1944 for waiver of pre-deposits in appeals.

Analysis:
The High Court of Delhi heard writ petitions challenging orders passed by the Commissioner of Central Excise under Section 35F of the Central Excise Act, 1944, regarding waiver of pre-deposits for entertaining appeals. The petitions alleged that the orders were passed mechanically and casually without considering the facts of each case. The petitioners argued that some cases had already been decided by the Appellate Tribunal, making a strong case for stay of the demand. The respondents contended that the petitioners did not plead financial hardship, so relief should not be granted on this ground. The Court noted that the orders lacked detailed reasoning and were passed in a perfunctory manner, indicating a lack of application of mind by the Commissioner.

The Court highlighted the requirements of Section 35F, stating that the authority must form an opinion on whether the deposit would cause undue hardship to the applicant and consider the interest of the Revenue. The Court emphasized that the authority acts in a quasi-judicial capacity and must not pass orders mechanically. The Court found that the orders lacked proper consideration of individual cases and were based on a pre-devised proforma, which was unacceptable for a quasi-judicial function. Consequently, the Court allowed the petitions, quashed the orders, and remanded the matters back to the Commissioner for fresh consideration in accordance with the law.

Some Counsel requested the Court to direct the Commissioner to hear the appeals on merits without pre-deposit, citing concluded issues by the Tribunal or the Apex Court. However, the Court declined to interfere with the Commissioner's discretion at that stage but directed the Commissioner to consider the highlighted aspects by the petitioners while making a fresh decision on the applications under Section 35F. The Court ordered that no coercive steps be taken to recover the demands until the Commissioner's fresh decision. The petitioners were awarded costs quantified at Rs. 5,000 in each case.