2012 (4) TMI 659 - HC - Central Excise

Summary

Issues:
The judgment involves a substantial question of law u/s 35G of the Central Excise Act, 1944 regarding the direction to deposit a specific amount as a pre-condition for hearing the appeal on merits.

Summary:

Issue 1: Imposition of Penalty
The appellant was penalized for allegedly showing fictitious input credit and passing on credit without actual production and sales of certain products. The appellant contended that the penalty was imposed without considering relevant facts, especially since the appellant had closed the business and had limited income as a share broker and LIC agent.

Issue 2: Tribunal's Decision
The Tribunal directed the appellant to deposit a substantial amount for hearing the appeal on merits, citing specific findings in the order-in-original. The Revenue supported the Tribunal's decision based on the mentioned findings.

Issue 3: Tribunal's Reference
The Tribunal referred to a similar case where a penalty was imposed and paid by another party. The Tribunal noted the reversal of credit by that party and questioned the fairness of directing the appellant to deposit the credit against them.

Issue 4: Judicial and Technical Members' Views
There was a dissent between the Member (Judicial) and Member (Technical) regarding the fairness of the Tribunal's decision. The matter required further examination by the Tribunal to determine the appellant's involvement in fictitious transactions and the extent of profit gained.

Judgment:
Considering the appellant's financial circumstances and the factual position, the High Court modified the Tribunal's order, reducing the deposit amount from Rs. 30 lacs to Rs. 15 lacs to be paid in three equal instalments. The Court acknowledged the appellant's income tax returns and reduced the financial burden for hearing the appeal. The appeal was partly allowed with no costs incurred.