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2019 (9) TMI 420 - HC - Central ExciseExtension of time for making pre-deposit - auction of property - recovery of amount from auction of property - HELD THAT - As the department has been able to recover the amount of ₹ 2.61 Crore, we are of the view that the applicants may not be now asked to deposit the amount towards the pre-deposit. The interest of the revenue could be said to be protected. The applicants must get an opportunity to argue the appeal on merits rather than the appeal being dismissed on the ground of failure of pre-deposit. CESTAT is directed to hear the appeal on merits without insisting for the pre-deposit - appeal restored - application disposed off.
Issues involved:
1. Extension of time limit for satisfying the pre-deposit requirement in appeal No.E/642/2010. 2. Restoration of the appeal due to non-compliance with pre-deposit conditions. 3. Jurisdiction of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) to extend time frames set by the High Court. 4. Auction of properties by the Central Excise Department and realization of funds. 5. Consideration of circumstances for waiving pre-deposit requirement and allowing appeal to be heard on merits. Extension of Time Limit for Pre-Deposit Requirement: The applicants sought modification of an order to extend the time limit for satisfying the pre-deposit requirement in appeal No.E/642/2010. The High Court had previously extended the deadline up to 15th August 2013, allowing for the deposit to entertain the appeal on merits. However, the applicants failed to deposit the amount, resulting in dismissal. The Customs, Excise & Service Tax Appellate Tribunal (CESTAT) rejected a subsequent restoration application, citing the fixed time frame by the High Court. The applicants returned to the High Court seeking further extension, given the department's successful auction of their properties, realizing ?2.61 Crores. Restoration of Appeal: The CESTAT dismissed the appeal restoration application, emphasizing the High Court's set deadline for pre-deposit, which the applicants failed to meet within the stipulated time frame. Despite the subsequent auction of their properties by the Central Excise Department, the CESTAT maintained that it lacked jurisdiction to extend the High Court's time frame. The High Court, considering the circumstances and the department's recovery of funds, decided to waive the pre-deposit requirement to allow the appeal to proceed on its merits. CESTAT's Jurisdiction and Time Frames: The CESTAT, in its order, highlighted the High Court's specific time frame for pre-deposit, which the applicants did not adhere to within the given period. The tribunal asserted its inability to extend the time frame set by the High Court and directed the applicants to seek relief from the High Court. This decision underscores the importance of complying with court-ordered deadlines and the limitations of tribunal jurisdiction in altering such time frames. Auction of Properties and Realization of Funds: A significant development in the case was the auction of the applicants' properties by the Central Excise Department, resulting in the recovery of ?2.61 Crores. This development played a crucial role in the High Court's decision to forego the pre-deposit requirement and allow the appeal to proceed on its merits. The successful auction and fund realization were pivotal in determining the course of action in the case. Consideration for Waiving Pre-Deposit Requirement: Taking into account the circumstances, including the department's successful auction of properties and the realization of funds, the High Court decided to waive the pre-deposit requirement. This decision aimed to ensure that the appeal could be heard on its merits, prioritizing the applicants' opportunity to present their case over strict adherence to pre-deposit conditions. The High Court directed the CESTAT to restore the appeal and proceed with a final hearing, signaling a shift in focus towards substantive arguments rather than procedural hurdles. This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive understanding of the court's decisions and considerations regarding the extension of time limits, restoration of appeals, jurisdictional constraints, auction outcomes, and the waiver of pre-deposit requirements.
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