2003 (3) TMI 137 - HC - Central Excise

Summary

Issues:
Challenge to order directing pre-deposit for entertaining appeals before the Tribunal.

Analysis:
The case involves a challenge to an order passed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi, under Section 35F of the Central Excise Act, 1944, directing a petitioner to deposit a sum of Rs. 20 lacs as a pre-condition for entertaining appeals. The petitioners, engaged in the manufacture of Polyester Yarn, were alleged to have clandestinely removed goods without payment of duty. The Tribunal directed the deposit based on the same bill discounting documents used in another case, where the demand was deleted. The petitioners argued financial hardship due to closed units and poor financial condition. The Tribunal's order was challenged on the grounds of lack of proper application of mind and failure to consider relevant facts.

The High Court emphasized that while deciding on a stay application, the Tribunal should not delve into detailed inquiries on merits but must assess if a prima facie case for granting stay exists. The Tribunal should also consider the balance of convenience and potential undue hardship on the assessee. Ignoring these aspects could warrant interference by the Court. In this case, the Court found the Tribunal's order lacking proper application of mind as it did not reference the previous decision regarding similar documents. The Court highlighted the importance of the Tribunal being aware of such decisions even if not binding. Consequently, the Court decided to set aside the impugned order and provided two options: remit the matter back to the Tribunal for reconsideration or direct the Tribunal to hear the appeals on merits with specific terms.

Ultimately, the Court chose to direct the Tribunal to hear the petitioners' appeals on merits upon depositing a reduced sum of Rs. 5 lacs. This decision aimed to expedite the resolution of the case and ensure fairness in the process. The writ petition and application seeking interim relief were disposed of accordingly, with no order as to costs. The parties were instructed to appear before the Tribunal for compliance reporting on a specified date.