2003 (3) TMI 441 - AT - Central Excise

Summary

Issues:
Appeal against order demanding duty and penalty - Withdrawal of appeal and application to Settlement Commission - Interpretation of Section 32PA(7) - Stay application modification based on financial health and merits.

Analysis:
The applicants filed an appeal against the order demanding duty and penalty. They sought to withdraw the appeal and applied to the Settlement Commission under Section 32PA of the Act. The assessee admitted duty liability and deposited a portion before the Commissioner. However, the Commissioner, noting non-cooperation, sent the case back to Central Excise Officers. The applicants then approached the Tribunal under Section 32PA(7) as the Settlement Commission did not entertain their application.

The Tribunal, citing legal precedents, held that the term "entertain" in Section 32PA(7) meant considering on merits. As the Settlement Commissioner did not address the application on merits, the appeals before the Tribunal were deemed revived. Additionally, a stay application by one of the applicants was discussed, and a penalty deposit was directed. An application for modifying the Tribunal's stay order was also considered.

Regarding the modification application, the applicants claimed a decline in financial health due to market conditions and disputed the department's case basis. The Tribunal found no significant financial deterioration post its previous order and noted that arguments on merits should have been raised earlier. The Tribunal emphasized that stay applications cannot be argued piecemeal and ordered compliance with the deposit requirement by a specified date, failing which the appeals would be dismissed without further notice.