2015 (4) TMI 652 - HC - Central Excise

Extension of stay order - Power of tribunal to extend stay beyond period of 365 days - Held that - Tribunal has noted that a waiver of pre-deposit and unconditional stay on the realisation of the adjudicated liability was granted by the Tribunal since a prima facie case was found in favour of the assessee. The Tribunal has also observed that the appeal has not been disposed of only on account of the pendency of several older appeals and not on account of any delay on the part of the assessee - Ends of justice would be met if the Tribunal is requested to dispose of the appeal expeditiously and preferably within a period of six months - Stay extended.

Summary

Issues:
1. Interpretation of Section 35C(2A) of the Central Excise Act, 1944 regarding waiver of pre-deposit during the pendency of an appeal.
2. Whether the Tribunal has the power to grant an indefinite waiver of pre-deposit.

Analysis:

Issue 1: Interpretation of Section 35C(2A) of the Central Excise Act, 1944
The appeal before the High Court arose from an order of the Customs, Excise & Service Tax Appellate Tribunal. The Revenue raised questions of law regarding the waiver of pre-deposit during the appeal process. Section 35C(2A) of the Act mandates that the Appellate Tribunal must decide every appeal within three years. However, there are provisions specifying time limits for granting a stay order, not exceeding 180 days initially and 185 days for extension, totaling 365 days. The High Court referred to a previous judgment emphasizing that the purpose of these provisions would be defeated if waivers were granted indefinitely. The Court held that the Tribunal cannot extend the order of waiver of pre-deposit indefinitely.

Issue 2: Power of the Tribunal to grant indefinite waiver of pre-deposit
In a similar case, the Division Bench of the High Court referred to a Supreme Court decision emphasizing that while there should be no latitude for extending the period of stay, exceptions could be made for genuine reasons beyond the control of the assessee. The Division Bench reiterated that the objective of the statutory provisions would be undermined if waivers were granted indefinitely. Consequently, the High Court directed the Tribunal to decide the appeal expeditiously, preferably within six months, and stated that the waiver of pre-deposit would remain valid for the same period.

In the present case, the Tribunal had granted a waiver of pre-deposit and an unconditional stay on the adjudicated liability due to a prima facie case in favor of the assessee. The delay in disposing of the appeal was attributed to the pendency of older appeals rather than any fault of the assessee. The High Court, in line with previous judgments, directed the Tribunal to expedite the appeal's resolution within six months, maintaining the validity of the waiver of pre-deposit for the same period. As the questions of law had been previously addressed by the Division Bench, the High Court disposed of the appeal without costs.

In conclusion, the High Court clarified the interpretation of Section 35C(2A) of the Central Excise Act, emphasizing the limitations on granting waivers of pre-deposit during the appeal process. The judgment underscores the importance of timely resolution of appeals while balancing the rights of the parties involved.