2008 (12) TMI 39 - HC - Customs

Customs Tribunal Upheld Dismissal for Procedural Non-Compliance

BABA LEATHER IMPEX PVT. LTD. & others Versus CCE (ADJUDICATION)

The High Court upheld the Customs, Excise and Service Tax Appellate Tribunal's decision to dismiss the appeals due to the appellants' non-compliance with ... HC directed petitioner to file stay application before Tribunal - Whether written submissions filed by appellants can be treated as applications - no applications filed by the appellants as directed by HC and that the appellants had only filed a set of documents containing written submissions, balance sheets etc. – as per CEGAT (Procedure), the documents filed by the appellants did not conform to the requirements of an application - Tribunal was right in dismissing the appeals for non-compliance of the provisions of Section 129 E of the Customs Act, 1962. Issues:Appeal against the order of the Customs, Excise and Service Tax Appellate Tribunal regarding waiver of pre-deposit of duties and penalties.Analysis:1. The appeals were filed against a common final order dated 07.10.2008, where the Customs, Excise and Service Tax Appellate Tribunal had dismissed the appellants' appeals.2. Initially, the appellants had filed writ petitions against the Tribunal's order on pre-deposit waiver. The High Court granted the appellants an opportunity to submit further applications before the Tribunal, specifically addressing financial hardship. The appellants were directed to provide all relevant material on record within three weeks. Failure to do so would result in the Tribunal's previous order remaining in force.3. The present appeals stemmed from the Tribunal's observation that the appellants had not filed the directed applications but only submitted documents like written submissions and balance sheets. The Tribunal found these submissions inadequate as per the CEGAT (Procedure) Rules for filing applications, lacking essential elements like verification. Consequently, the Tribunal deemed the appeals non-compliant with Section 129 E of the Customs Act, 1962, and dismissed them.4. The High Court, comprising Justices Badar Durrez Ahmed and Rajiv Shakdher, found no merit in the appeals and upheld the Tribunal's decision, dismissing the appeals and disposing of all pending applications.In conclusion, the High Court dismissed the appeals due to the appellants' failure to comply with the procedural requirements for filing applications, leading to the dismissal of the appeals against the Tribunal's order on pre-deposit waiver.