2005 (11) TMI 91 - HC - Central Excise

Summary

Issues involved:
- Central Excise duty demand on petitioner for wilful suppression of true value of goods
- Adjudication of show cause notices by Commissioner resulting in total demand and penalties
- Tribunal's order directing pre-deposit of duty amount and penalty
- Petitioner's challenge of Tribunal's order in High Court
- Dispute over the amount required for pre-deposit and security

Central Excise duty demand:
The petitioner, engaged in manufacturing aluminum products, faced allegations of clandestine manufacturing and removal of goods. Show cause notices were issued for wilful suppression of goods' value, resulting in a demand of over Rs. 4 crores along with penalties. An appeal was filed before the Tribunal, pending final disposal. Further notices were served for additional duty amounts, leading to another demand and penalties imposed by the Commissioner, challenged in a subsequent appeal.

Tribunal's pre-deposit order:
The Tribunal directed the petitioner to pre-deposit a substantial amount, which was partly allowed upon depositing Rs. 75 lakhs. The petitioner sought waiver under Section 35-F, arguing financial constraints and citing favorable precedents. The Tribunal's discretion to waive pre-deposit was debated, with the petitioner depositing Rs. 20 lakhs as per High Court's directive.

High Court's decision:
The High Court allowed the writ petition, modifying the Tribunal's pre-deposit order to Rs. 20 lakhs, already deposited by the petitioner. Additionally, the petitioner was directed to provide property security for the remaining duty amount. The Tribunal was requested to expedite the appeal hearing to avoid further proceedings. The High Court refrained from expressing opinions on the case's merits, emphasizing expedited resolution and avoiding multiple proceedings.

This detailed analysis covers the central excise duty demand, adjudication process, Tribunal's pre-deposit order, petitioner's challenge in the High Court, and the High Court's decision regarding the pre-deposit amount and security requirement.