2013 (7) TMI 678 - AT - Central Excise

Appeals Dismissed for Non-Compliance with Pre-Deposit Order

M/s. Nicco Corporation Ltd. Versus Commissioner of Central Excise, Kolkata-III

The Appellate Tribunal CESTAT MUMBAI dismissed all appeals due to the Applicant's non-compliance with the pre-deposit order under Section 35F of the ... Demand of Pre-deposit - Held that:- Tribunal has directed the Applicant to deposit 25% of the duty of within a period of eight weeks from the communication of the order and on deposit of the said amount balance dues adjudged against all applicants were waived and its recovery stayed during pendency of the Appeals and it was also specifically directed that failure to deposit of the said amount would result in dismissal of the Appeals of all the Applicants without further notice. The applicant has neither complied with the said direction nor produced any order from any higher forum against the said order - Therefore, appeal is dismissed - Decided against Assessee. Issues: Non-compliance with pre-deposit order under Section 35F of the Central Excise Act, 1944.Analysis:The judgment by the Appellate Tribunal CESTAT MUMBAI involved the issue of non-compliance with a pre-deposit order under Section 35F of the Central Excise Act, 1944. The Tribunal had directed the Applicant No.1 to make a pre-deposit of 25% of duty amounting to Rs.34,14,010 within eight weeks from the communication of the order. It was specified that failure to comply would lead to the dismissal of the appeals without further notice. The Tribunal had also stayed the recovery of the balance dues during the pendency of the appeals. The Applicant failed to comply with this direction and did not provide any order from a higher forum staying the Tribunal's order.The Advocate for the Applicant informed the Tribunal that a Writ Petition had been filed before the Hon'ble High Court at Calcutta, but there was no specific direction from the High Court regarding the Tribunal's order. On the other hand, the Revenue's representative argued that in the absence of any direction from the High Court staying the Tribunal's order, the appeals were liable for dismissal due to non-compliance with Section 35F of the Central Excise Act, 1944.After hearing both sides and examining the record, the Tribunal found that the Applicant had indeed failed to comply with the pre-deposit order as directed. Since there was no order from a higher forum staying the Tribunal's directive, the Tribunal proceeded to dismiss all the appeals due to non-compliance with the provisions of Section 35F of the Central Excise Act, 1944. The judgment was pronounced and dictated in the open court, thereby concluding the matter with the dismissal of all the appeals.