2007 (6) TMI 226 - HC - Central Excise

Summary

Issues:
1. Appeal against order of the Customs, Excise and Gold (Control) Appellate Tribunal
2. Dispensation of deposit amount pending appeal under Section 35(F) of the Central Excise Act, 1944
3. Financial stringency and undue hardship faced by the appellant
4. Judicial review of the decision of the Hon'ble First Court

Analysis:
1. The appeal was filed against an order of the Customs, Excise and Gold (Control) Appellate Tribunal, where a significant claim and penalties were imposed on the appellant. The appellant sought dispensation of the deposit amount as a pre-condition to the admission of the appeal. The Tribunal directed the appellant to deposit a specific sum, leading to the filing of a writ petition against this order.

2. The appellant's counsel relied on legal precedents to argue that a dispensable claim of the deposit should be allowed if the appellant has a good prima facie case. It was contended that in the present case, the duty was not attracted as there was no re-packing involved, only labelling. The counsel emphasized that the requirement of deposit should have been dispensed with due to the strong case presented.

3. The Court examined Section 35(F) of the Central Excise Act, 1944, which provides for the deposit of duty demanded or penalty levied pending appeal. The provision allows for dispensation of the deposit if it would cause undue hardship to the appellant. The financial position of the appellant, as reflected in the balance sheet, was considered by the Tribunal to determine the existence of undue hardship.

4. The Court noted that the decision of the Hon'ble First Court to dismiss the writ petition was based on a thorough consideration of the facts and materials on record. It was observed that the Tribunal had appropriately assessed the financial position of the appellant before directing the deposit amount. The Court affirmed the decision of the Hon'ble First Court, finding no irregularity or infirmity in the judgment.

5. Ultimately, the Court upheld the order of the Hon'ble First Court, dismissing the appeal and the application. All parties were instructed to act in accordance with the order, and certified copies of the judgment were to be provided upon request, subject to formalities.