2017 (9) TMI 1007 - AT - Customs

Jurisdiction - pre-deposit - section 35F of the Central Excise Act - power of Tribunal to waive pre-deposit - Held that - after the amendment of section 35F of the Central Excise Act, requiring an appellant to deposit per centage of the duty or penalties confirmed against them, Tribunal has no power to dispense with the condition of pre-deposits - appeal dismissed - decided against appellant.

Summary

Issues:
Imposition of penalties under Customs Act, 1962 - Compliance with pre-deposit requirements under section 35F - Jurisdiction of Tribunal to dispense with pre-deposits.

Imposition of Penalties under Customs Act, 1962:
The Additional Commissioner imposed penalties on the appellants under section 114 of the Customs Act, 1962. The penalties were imposed individually on Shri Karupiah and Shri Ravi K. Sadanand. The appellants had deposited 7.5% of the penalties at the time of filing the appeal before the Commissioner (Appeals) as a condition for the hearing of their appeals. Subsequently, further appeals were filed before the Tribunal as the appellants did not succeed before the Commissioner (Appeals).

Compliance with Pre-Deposit Requirements under Section 35F:
The appellants, through a miscellaneous application, sought to dispense with the conditions of pre-deposits, citing a strong case on merits and poor financial condition. However, the Tribunal found that after the amendment of section 35F of the Central Excise Act, it lacked the power to dispense with the pre-deposit condition. Referring to a Larger Bench's interim order, the Tribunal clarified that the 10% deposit required before the Tribunal was in addition to the 7.5% deposits made before the Commissioner (Appeals). The appellants were directed to comply with the statutory conditions of section 35F within one month of the order.

Jurisdiction of Tribunal to Dispense with Pre-Deposits:
The Tribunal held that it did not have the authority to dispense with pre-deposits, as clarified by the Larger Bench's interpretation of section 35F. Consequently, the miscellaneous applications filed by the appellants to waive the pre-deposit conditions were deemed infructuous and dismissed.

This judgment underscores the importance of complying with statutory pre-deposit requirements under section 35F of the Central Excise Act, emphasizing that the Tribunal lacks the jurisdiction to waive such conditions. The decision provides clarity on the Tribunal's role in enforcing pre-deposit obligations and highlights the significance of adhering to statutory provisions in appeals related to penalties imposed under the Customs Act, 1962.