2015 (10) TMI 1294 - HC - Central Excise

Waiver of pre deposit - Denial of exemption claim - Held that - Earlier the Tribunal in 2010 granted absolute stay and allowed the application for waiver of predeposit. On the other hand, learned counsel for the respondent Department has submitted that in identical circumstances this Court in the case of Bharat Sanchar Nigam Limited Vs. Commissioner of Central Excise, Indore (2015 (9) TMI 936 - MADHYA PRADESH HIGH COURT) has directed the Bharat Sanchar Nigam Ltd., to deposit 50% of the amount in question. - Partial stay granted.

Summary

Issues:
Challenge to order regarding pre-deposit of excise duty amounting to Rs. 21.00 lacs.

Analysis:
The appellant, an assessee, challenged the order passed by the CESTAT granting exemption regarding pre-deposit of excise duty amounting to Rs. 21.00 lacs. The appellant argued that the CESTAT erred in directing the deposit without providing reasons or expressing views on the case's merits. The appellant highlighted a previous Tribunal decision granting absolute stay and waiver of pre-deposit in similar circumstances. In contrast, the respondent, the Department, cited a case where the court directed a different entity to deposit 50% of the amount in question. The High Court, after considering the arguments, directed the appellant to deposit 50% of the amount within 45 days. The CESTAT was instructed not to dismiss the appeal for non-compliance with the pre-deposit directive but to decide the appeal on merits as per the law.

The High Court's decision was based on a comparison of the appellant's case with previous judgments and the legal principles involved. The court balanced the interests of the appellant and the Department by ordering a partial deposit of the disputed amount. By allowing the appeal partly and setting the condition for deposit, the court ensured a fair consideration of the case on its merits without prejudicing either party. This approach aimed to uphold the principles of justice and equity while maintaining the legal requirements related to pre-deposit in excise duty matters.

In conclusion, the High Court's judgment resolved the issue of pre-deposit of excise duty by directing the appellant to deposit 50% of the amount within a specified time frame. The court's decision provided clarity on the procedural aspect of pre-deposit while ensuring that the appeal would be heard on its merits by the CESTAT. By balancing the interests of both parties and following legal precedents, the court delivered a reasoned judgment that upheld the principles of fairness and justice in the context of excise duty disputes.