2008 (3) TMI 344 - HC - Central Excise

Summary

Issues:
1. Non-payment of duty and penalty by respondent No. 2 as per Tribunal's order.
2. Compliance with undertaking given before the High Court.
3. Extension of stay against attachment of future manufacture/export of goods.
4. Consideration of stay application by the Tribunal.

Issue 1: Non-payment of duty and penalty by respondent No. 2 as per Tribunal's order
The case involved the petitioners, Commissioner of Central Excise and Customs, Surat-II, and Assistant Commissioner of Central Excise and Customs, Division-I, Ankleshwar, alleging that respondent No. 2, Tonira Pharma Ltd., had not paid the duty and penalty as directed by the Tribunal's order challenged in Tax Appeal No. 1102 of 2007. The petitioners were prepared to pay any outstanding amount against the duty or penalty liability in accordance with the judgment if needed.

Issue 2: Compliance with undertaking given before the High Court
The Assistant Solicitor General highlighted the statement made by the petitioners before the High Court, where they expressed readiness to pay the entire duty and penalty amount as per the impugned order. The Tribunal was directed to consider the stay application of Tonira Pharma Ltd. only after the payment of the duty and penalty as per the Tribunal's order dated 1-11-2006. The ad-interim stay against attachment of future manufacture/export of goods was subject to compliance with the payment.

Issue 3: Extension of stay against attachment of future manufacture/export of goods
The Tribunal had granted an extension of stay against the attachment of future manufacture/export of goods for Tonira Pharma Ltd. based on the undertaking given before the High Court. However, the petitioners argued that the company should not be allowed to continue enjoying the ad-interim stay without fulfilling their commitment to pay the dues as per the order decided against them.

Issue 4: Consideration of stay application by the Tribunal
The High Court directed that the Tribunal should not consider the stay application of Tonira Pharma Ltd. for extending beyond a specified date unless the company paid the duty and penalty amount as per the Tribunal's order. The ad-interim stay would cease to operate if the company paid the required amount, and direct service of the order was permitted on the same day.

This judgment emphasized the importance of compliance with tribunal orders and undertakings given before the court, ensuring that parties fulfill their financial obligations as directed by the legal authorities.