2007 (3) TMI 275 - HC - Central Excise

Summary

Issues: Challenge to order of Customs, Excise and Gold (Control) Appellate Tribunal for interim protection during pendency before High Court.

Analysis:
1. The petitioner challenged the order of the Tribunal declining interim protection during the reference before the High Court. The Tribunal rejected the application citing reasons that the petitioners did not specify the amount for stay and failed to demonstrate financial hardship in the stay application.

2. The Tribunal based its decision on Section 35N of the Central Excise Act, 1944, which mandates the deposit of the entire amount as per the Tribunal's order. The High Court found no error in the Tribunal's rejection of the stay application due to lack of specific grounds and financial details provided by the petitioners.

3. The High Court referred to a previous judgment in Pankaj Industries v. Customs, Excise and Gold (Control) Appellate Tribunal, where it was held that despite restrictions in Section 265 of the Income-tax Act, the Tribunal has the power to grant interim orders. The Court clarified that Section 35N of the Act should not restrict the Tribunal from granting interim relief. Consequently, the writ petition was dismissed, affirming the Tribunal's decision.

This comprehensive analysis outlines the issues raised by the petitioner, the Tribunal's grounds for rejection, the legal provisions under Section 35N of the Act, and the High Court's interpretation based on a previous judgment.