2007 (1) TMI 246 - HC - Customs

Writ petition- writ petition filed against Tribunal order on pre-deposit-memo filed subsequently stating that appeals dismissed by Tribunal. Writ petitions challenging interim orders passed in main appeals. Writ petition need not be considered when appeal themselves dismissed. Interim and final order of Tribunal sustainable as appeals maintainable only on deposit of disputed amount. Appeals not maintainable if pre deposit partly waived by Tribunal exercising discretion and such part amount also not paid. Writ petition dismissed.

Summary

Issues:
Challenging interim orders of Customs, Excise and Service Tax Appellate Tribunal on waiver of pre-deposit in pending appeals.

Analysis:
The judgment deals with writ petitions challenging interim orders passed by the Customs, Excise and Service Tax Appellate Tribunal regarding the waiver of pre-deposit in pending appeals. The impugned orders granted partial waiver and required the petitioners to deposit a portion of the amount. The orders stipulated that failure to deposit within the specified time would lead to dismissal of the appeals under Section 129E of the Customs Act, 1962. Subsequently, a memo was filed by the respondents indicating that the appeals themselves were dismissed following the orders. The court noted that since the appeals had been dismissed, there was no need to consider the petitions challenging the interim orders, as the challenge was against those interim orders. The petitioners were advised to pursue remedies against the final orders instead.

The court emphasized that no exception could be taken to the interim orders or the subsequent dismissal of appeals, as the appeals only become tenable upon the deposit of the disputed amount. The tribunal had discretion to waive a portion of the deposit and provide time for the appellant to pay the balance. Dismissing appeals for non-deposit was deemed appropriate, as non-deposit rendered the appeals untenable as per the provisions of the Act. Therefore, the court concluded by dismissing the writ petitions, affirming the tribunal's actions in the matter.