2013 (9) TMI 905 - HC - Central Excise

High Court overturns Tribunal's dismissal for non-compliance with pre-deposit order in Central Excise Act

The High Court set aside the Tribunal's decision to dismiss the appeal for non-compliance with a pre-deposit order in the Central Excise Act. The Court ... Adjustment of CENVAT credit towards Pre-deposit – Held that:- The assessee had not complied with the order of this Court in letter and spirit, it cannot seek a modification of the order before the Tribunal. In such circumstances, the question of adjustment of CENVAT credit towards the satisfaction of the condition on pre-deposit does not arise - Considering all the submissions of the learned Senior Counsel as regards the compliance of the order, since the fact has not been taken note of by the Tribunal, the proper course would be to set aside the order of the Tribunal and restore the appeal back to the files of the Tribunal for it to consider the claim of the appellant afresh and pass an appropriate order therein to the actual compliance of the order of this Court. Issues:Non-compliance with court order for pre-deposit in Central Excise Act.Analysis:The appellant challenged the Customs, Excise and Service Tax Appellate Tribunal's decision to dismiss the appeal due to non-compliance with the court's direction to pay a pre-deposit of Rs. 1 Crore. The appellant argued that they had already paid a total of Rs. 1,57,32,841/-, which was not properly considered by the Tribunal. The Tribunal, however, insisted on a further deposit of Rs. 1 Crore, leading to the appeal being rejected. The appellant contended that the Tribunal erred in not allowing adjustment of CENVAT credit as permitted by the rules. The appellant sought an extension of time for compliance, emphasizing that they had fully complied with the order on 13th February, 2012.The standing counsel opposed the appellant's claim, asserting that non-compliance with the court's order precluded any modification request before the Tribunal. The standing counsel argued against the adjustment of CENVAT credit and maintained that the appellant had not adhered to the court's directive.The High Court, after considering the submissions, found that the Tribunal had not acknowledged the appellant's compliance on 14-2-2012. Consequently, the court set aside the Tribunal's order and remanded the appeal back to the Tribunal for a fresh assessment. The court directed the Tribunal to consider the appellant's claim properly and issue an appropriate order within eight weeks from the date of receiving the court's directive. The civil miscellaneous appeal was disposed of with no costs incurred, and the related miscellaneous petition was closed.