2012 (9) TMI 535 - AT - Central Excise

Appellate Tribunal CESTAT allows Stay Petitions, sets aside appeal dismissal based on pre-deposit, emphasizes limitation issue

The Appellate Tribunal CESTAT, Ahmedabad, allowed the Stay Petitions and set aside the dismissal of appeals due to non-compliance with the pre-deposit ... Rejection of appeal for non-compliance of pre-deposit - Held that:- The appellant has taken various defenses before the first appellate authority including the question of limitation, an issue not considered while passing the interim order of pre-deposit the issue needs to be reconsidered by first appellate authority without insisting any pre-deposit. Issues:Appeal against dismissal for non-compliance of pre-deposit.Analysis:The Appellate Tribunal CESTAT, Ahmedabad, considered Stay Petitions against the first appellate authority's order dismissing appeals due to non-compliance with the pre-deposit requirement. After hearing both parties and reviewing the records, the Tribunal noted that the issue was narrow. Consequently, the Stay Petitions were allowed, and the appeals were taken up for disposal. The Tribunal observed that the first appellate authority had rejected the appeals based on non-compliance with a pre-deposit of Rs.10 lakhs by the main assessee, M/s Agarwal Prints Pvt. Ltd. The appellant had raised various defenses before the first appellate authority, including the issue of limitation, which was not considered when the pre-deposit order was issued. The Tribunal emphasized that the question of limitation was crucial and should have been examined by the first appellate authority before ordering a pre-deposit. Therefore, the Tribunal opined that the appellant should be given a hearing without the requirement of any pre-deposit.The Tribunal, in its considered opinion, directed that the issue be re-evaluated by the first appellate authority without insisting on any pre-deposit. Consequently, both appeals were allowed, and the matter was remanded to the first appellate authority. Importantly, the Tribunal clarified that it had not expressed any opinion on the merits of the case and had left all issues open for both parties to argue before the first appellate authority. The judgment was dictated and pronounced in court by the judges presiding over the case.