2007 (5) TMI 253 - HC - Central Excise

Summary

Issues Involved:
Challenge to order of Customs, Excise and Service Tax Appellate Tribunal for non-compliance with pre-deposit condition under Section 35F of the Act.

Analysis:
The appellant challenged the Tribunal's order dismissing the appeal due to failure to deposit Rs. 10 lacs as pre-deposit. The appellant argued for waiving the pre-deposit condition, claiming a strong case on merits. Despite the appellant's failure to comply within the extended period, the Tribunal passed the final order-in-appeal, leading to the appeal's dismissal for non-compliance with Section 35F of the Act.

The appellant's counsel eventually agreed to deposit the required amount within the stipulated period, allowing the appeal to be decided on merits. The respondent's counsel did not oppose this proposition, acknowledging its benefit to the revenue. Although Section 35G mandates formulating substantial questions of law for appeal decisions, the consensus between counsels led to bypassing this requirement in this case. The court clarified that this decision should not serve as a precedent due to the specific circumstances and concessions made in this appeal.

Considering the appellant's willingness to comply with the pre-deposit condition, the court directed the appellant to deposit Rs. 10 lacs by a specified date for the appeal to be revived and decided on merits by the Tribunal. Failure to deposit the amount would uphold the Tribunal's dismissal order. The court emphasized that it did not express any opinion on the appeal's merits, leaving it to the Tribunal to decide in accordance with the law. This decision was made based on the case's unique circumstances and should not set a precedent for future cases.