2011 (2) TMI 1377 - HC - Central Excise

Tribunal Reduces Pre-Deposit for Petitioners Facing Financial Hardship

Ilesh Exports & 1 - Versus Union Of India - Through Secretary & 2

Ilesh Exports & 1 - Versus Union Of India - Through Secretary & 2 - 2015 (321) E.L.T. 563 (Guj.) Issues:1. Reduction of pre-deposit requirement by the Central Excise & Service Tax Appellate Tribunal (CESTAT).2. Consideration of financial hardship plea by the Tribunal.3. Evaluation of supporting documents for financial hardship plea.4. Appeal decision based on pre-deposit compliance.Reduction of Pre-Deposit Requirement by CESTAT:The petitioners, who were directed to pay customs duty and related charges amounting to Rs. 1,75,00,000, appealed against the decision. The liability was partially reduced on appeal, but the petitioners were still dissatisfied and approached CESTAT seeking further relief. Initially, their request for waiver of pre-deposit was not accepted by the Tribunal. Subsequently, a modification application was filed, resulting in the Tribunal reducing the pre-deposit from Rs. 1.25 crores to Rs. 75,00,000 and granting a 10-week period for compliance.Consideration of Financial Hardship Plea:The petitioners contended before the Tribunal that they were facing financial hardship, supported by documents such as audit reports, balance sheets, and financial statements indicating significant losses in the preceding years. The Tribunal, however, dismissed the plea citing lack of concrete evidence. The department's counsel also argued against delving into the financial hardship claim without substantial proof.Evaluation of Supporting Documents for Financial Hardship Plea:Upon reviewing the records and documents submitted by the petitioners, the Court found that while the initial waiver application lacked supporting documents, the subsequent modification application contained relevant financial statements. The Court acknowledged the financial difficulties faced by the petitioners, considering their losses and the disputed nature of the duty liability, leading to a reduction in the pre-deposit requirement to Rs. 30,00,000, with a deadline set for compliance by 30.4.2011.Appeal Decision Based on Pre-Deposit Compliance:In light of the reduced pre-deposit amount and the petitioners' financial circumstances, the Court directed that if the pre-deposit was made by the specified date, the appeal would be adjudicated on its merits. Consequently, the petition was disposed of based on the revised pre-deposit terms, ensuring a fair consideration of the appeal.