2015 (3) TMI 860 - HC - Customs

Waiver of pre deposit - Tribunal granted extension of the time to make the pre-deposit ordered in the stay petition - Held that - It is seen from the order of the Tribunal that even though the assessee pleaded financial hardship before the Tribunal, the assessee did not produce any documents to prove the same. Before us also, learned counsel appearing for the appellant pleaded financial hardship but no details or documents have been furnished in support of such a plea. We find no good reason to accept such a mere statement of financial hardship as a cause to modify the order of pre-deposit. The order of the Tribunal seems to be justified in the facts and circumstances of the case. In the absence of any materials placed before this Court, we see no reason to interfere with the order passed by the Tribunal. - However, time period to make pre deposit is extended - Decided partly in favour of assessee.

Summary

Issues:
1. Extension of time for pre-deposit ordered by the Tribunal.
2. Allegations of undervaluation and wrongful Cenvat credit.
3. Appeal against the order of the Adjudicating Authority.
4. Demand of additional duty and penalty.
5. Appeal against the order confirming additional duty and penalty.
6. Appeal before the Tribunal for waiver of pre-deposit.
7. Tribunal's order directing pre-deposit and subsequent modification plea.
8. Financial hardship claimed by the assessee.
9. Justification of the Tribunal's order.
10. Request for further time to deposit pre-deposit amount.

Analysis:
1. The Civil Miscellaneous Appeal was filed challenging the Tribunal's order extending the time for pre-deposit in a case involving the manufacturing of tires, tubes, and flaps under the Central Excise Tariff Act. The Department alleged undervaluation and wrongful Cenvat credit utilization by the assessee, leading to a show cause notice and subsequent confirmation of demands by the Adjudicating Authority.

2. The assessee appealed against the Adjudicating Authority's order, which required a pre-deposit. Failure to comply resulted in dismissal of the appeal by the Commissioner (Appeals). Subsequently, additional demands were made, and the Commissioner (Appeals) set aside the order confirming the demands, leading to further appeals and petitions for waiver of pre-deposit.

3. The Tribunal, considering financial hardship, directed the assessee to make a pre-deposit and report compliance. Despite a plea for modification due to lost documents, the Tribunal extended the compliance period. The Civil Miscellaneous Appeal was filed against this order, citing financial hardship and pending winding-up proceedings.

4. The High Court upheld the Tribunal's order, noting the lack of evidence supporting the claimed financial hardship. The Court found no reason to interfere with the Tribunal's decision and dismissed the appeal while granting additional time for the pre-deposit. The order confirmed the Tribunal's decision and dismissed the appeal, allowing time until a specified date for the pre-deposit.