9911796707
TMI Blog2016 (7) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... s, commercial ply wood, decorated plywood etc. falling under Chapter Heading 44.04 and 44.08 of the 1st Schedule to the CETA 1985 and the second and third applicants are respectively Managing Director and Executive Director of the applicant company. The appellant company was registered under the Companies Act and was earlier owned by K.S. Simon and other Directors of the Company who transferred their shares to the present Directors in May 2003. The respondent has alleged evasion of excise duty by the appellant by under valuation of the decorative plywood and veneers manufactured and sold through direct billing and also by clandestine clearance. The Revenue Intelligence of the Respondent immediately ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not comply with the directions of the Tribunal to deposit Rs. 30,00,000/- and consequently their appeals were dismissed vide Final Order No 200-204/2007 dated 7.2.2007 under Section 35 F of the Central Excise Act. In the meantime, the respondent also started recovery proceedings against the appellant which has become defunct ever since it was taken over by the present directors and the appellant could not even pay the salaries to its staff. There is absolutely no income from the factory for more than a decade. The appellant secured loan from the Indian Overseas Bank, Chennai for an amount of Rs. 2 crores against hypothecation of appellant's property by way of security and the appellant due to loss in bus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other hand the learned A.R. strongly opposed the application for restoration of appeal and submitted that the same cannot be restored even after making the deposit and the only remedy available to the appellant is to file an appeal before a Higher Forum. He also submitted that if the appeal is restored it would tantamount to review of the order of the Tribunal which is not permitted under law. In support of his submission he relied upon the following authorities: 1) Parwati Automotives Pvt Ltd Vs CCE Kanpur [2011(264)ELT 522(Tri-Del)] 2) Singla Steels Pvt Ltd Vs CCE Chandigarh [2010(256)ELT 110 (Tri-Del)] 3)Shree Sanand Textile Industries Ltd Vs CCE Vadodara [2010(261)ELT 998(Tri-Ahmd) 4) CCE Bangal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dance with law after giving an opportunity of being heard to the appellant. We clarify that we have not expressed any opinion on the merits of the controversy involved in the appeal." 4. After considering the submissions of both the parties and after going through the judgments cited above and also keeping in view the peculiar facts and circumstances of the present case, we are of the considered opinion that in the interest of justice, this application needs to be allowed and we allow the application subject to the payment of cost of Rs. 25,000/- to the respondent and further we direct the appellant to comply with the direction of predeposit of Rs. 30,00,000/-within a period of four weeks from the date of receipt of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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