2004 (10) TMI 94 - HC - Central Excise

Summary

Issues:
Appeal dismissal for non-compliance of pre-deposit order; Restoration of appeal; Delay in compliance with pre-deposit order; Financial hardship leading to non-compliance; Application for restoration dismissed on technical ground.

Analysis:
The petitioner, a small unit, received show cause notices demanding differential duty and penalty. The Deputy Commissioner confirmed the demand, and the Commissioner (Appeals) upheld it. The Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) directed the petitioner to deposit Rs. 1 lakh within a specified time. Due to financial hardship and communal riots, the petitioner failed to deposit the full amount on time, leading to the dismissal of the appeal for non-compliance of the pre-deposit order.

The petitioner, upon receiving the dismissal order, deposited the remaining amount and applied for restoration of the appeal. The CEGAT rejected the application, citing lack of awareness about the necessity of restoring appeals upon deposit. The petitioner sought restoration based on minimal delay and financial constraints, supported by relevant court judgments.

Considering the circumstances and legal precedents, the Court found the delay in compliance reasonable and ordered the restoration of the appeal. The Court quashed the orders dismissing the appeal for non-compliance and the subsequent rejection of the restoration application. The entire amount was eventually deposited, leading to the quashing of all relevant orders.

In conclusion, the Court allowed the petition, accepted the restoration application, and set aside the orders dismissing the appeal for non-compliance. The CEGAT was directed to hear and decide the main appeal on its merits. The rule was made absolute, with no costs imposed on either party.