2015 (6) TMI 621 - HC - Central Excise

Court Upholds Pre-Deposit Rule in Excise Appeal

The High Court dismissed the excise appeal challenging the pre-deposit requirement under Section 35F of the Central Excise Act, 1944. The Court held that ... Waiver of pre deposit - Mandatory pre deposit - Held that:- Provision of Section 35F as amended vide Finance Act 2 of 2014 w.e.f 6th August, 2014 will have no application on the appeals which were filed and were pending before the Tribunal prior to the said date. - that if the language of the statute is simple and admits of only one meaning than no rule of interpretation is to be applied and the simple meaning has to be given effect to. - Tribunal has recorded that between 6th May, 2011 to 18th October, 2011 the clearance of pipes to the tune of 3,55,825 Kg. had been made, valued at ₹ 2.49 Crores and the assessee had not obtained registration from the Central Excise Department nor had paid the excise duty on the said transactions on the plea that the unit of the assessee is within the SSI limit. - no illegality in the order of the Tribunal asking the assessee to deposit ₹ 25.00 Lakhs. - Decided against assessee. Issues:1. Interpretation of Section 35F of the Central Excise Act, 1944 regarding pre-deposit requirements for appeals.2. Applicability of the amended Section 35F to appeals filed prior to the enforcement date.3. Compliance with pre-deposit conditions set by the Customs, Excise & Service Tax Appellate Tribunal.Analysis:1. The judgment pertains to an excise appeal challenging the requirement of a pre-deposit under Section 35F of the Central Excise Act, 1944. The appellant contested the amount demanded for pre-deposit based on the amended provisions of Section 35F, which now mandates a deposit of 7.5% or 10% of the disputed amount. The Tribunal had directed the appellant to deposit Rs. 25.00 Lakhs to make the appeal competent.2. The petitioner argued that the amended Section 35F should not apply to appeals filed before the enforcement date of the amendment, citing a judgment from the Rajasthan High Court. However, the High Court disagreed with the interpretation of the Rajasthan High Court and emphasized the straightforward language of the statute. The Court clarified that the amended Section 35F, effective from 6th August, 2014, does not apply retroactively to appeals filed before this date.3. The Tribunal's order was based on the appellant's failure to obtain registration from the Central Excise Department or pay excise duty on transactions involving a significant quantity of pipes. The Court found no illegality in the Tribunal's decision to require a pre-deposit of Rs. 25.00 Lakhs. Additionally, the Court granted an extension for the deposit deadline, allowing compliance until 30th June, 2015, to fulfill the pre-deposit condition set by the Tribunal.In conclusion, the High Court dismissed the appeal while providing an extension for the pre-deposit compliance deadline, maintaining the requirement for the appellant to deposit Rs. 25.00 Lakhs in accordance with the Tribunal's order.