2013 (5) TMI 516 - AT - Central Excise

Non compliance of pre deposits - 100% EOU, had not fulfilled the export obligation in entirety - Held that - From the judgement that the Hon ble High Court reduced the predeposit amount to a sum of Rs.40 lakhs. It is also directed by the High Court that if such deposit is made within a period of eight weeks from the date of receipt of a copy of its order, the benefit granted by the Tribunal in the stay order shall continue to operate pending disposal of the appeal. On a query from the Bench, learned advocate submits that they have not deposited Rs.40 lakhs till date.Thus, for non-compliance of the order of Hon ble High Court, the appeal is dismissed.

Summary

Issues:
Demand of Customs duty and excise duty, Penalty under Customs Act and Central Excise Act, Compliance with export obligation, Modification of stay order, Review petition before High Court, Non-compliance with High Court order.

Demand of Customs duty and excise duty:
The judgment involves a case where there was a demand of Customs duty amounting to Rs.4,23,13,822/- and excise duty of Rs.22,27,604/- along with penalties under the Customs Act and Central Excise Act. The demand was confirmed due to the applicant, a 100% EOU, not fulfilling the export obligation entirely.

Modification of stay order:
Initially, the applicant was directed to deposit Rs.75 lakhs by a certain date, which was challenged in the Honorable Madras High Court. The High Court modified the deposit amount to Rs.40 lakhs, with specific conditions regarding the timeframe for deposit and continuation of benefits pending the appeal's disposal. The Tribunal noted the modification by the High Court and considered the stay order merged with the High Court's judgment.

Review petition before High Court:
The applicant had filed a review petition before the Honorable High Court, which was still pending. Despite this, the applicant failed to comply with the High Court's order to deposit Rs.40 lakhs within the specified time frame. The Tribunal found the non-compliance with the High Court's order and subsequently dismissed the appeal due to the lack of deposit.

In conclusion, the judgment dealt with issues related to the demand of Customs and excise duty, penalties under relevant acts, compliance with export obligations, modification of stay orders by the High Court, review petitions, and consequences of non-compliance with court orders. The Tribunal emphasized the importance of adhering to court directives and highlighted the implications of failing to comply with judicial decisions.