2008 (6) TMI 432 - AT - Central Excise

Summary

Issues involved: Restoration of appeals dismissed for non-compliance of pre-deposit amount directive.

Summary:
1. The applicant sought restoration of their appeals which were dismissed for not complying with the pre-deposit directive. The Counsel argued that the applicant had a right to be heard and should have the opportunity to present their case on merits based on the legal principle of audi alteram partem. They explained that financial difficulties, including a partner's illness and subsequent death, led to their inability to deposit the required amount. The Counsel highlighted various payments made by the applicant post-appeal dismissal, totaling Rs. 32,74,168, as evidence of compliance. They requested restoration of the appeals for a hearing on merits.

2. The Departmental Representative contended that the post-dismissal payments were not voluntary but adjustments of refunds due to the applicants. They opposed the restoration of the appeals based on these grounds.

3. After considering both arguments and reviewing the records, the Tribunal referred to a previous order directing the applicants to deposit the entire duty demanded and Rs. 35 lakhs towards penalty. The Tribunal noted the lack of compliance with this directive, leading to the dismissal of the appeals. The High Court also upheld the Tribunal's decision in subsequent writ petitions filed by the applicant.

4. The Tribunal found that the recovery of funds by the revenue post-appeal dismissal did not constitute substantial compliance with the pre-deposit order. Therefore, the Tribunal dismissed the applications for restoration of appeals, concluding that there were no merits in the applicant's claims.

5. The applications for restoration of appeals were ultimately dismissed by the Tribunal on 10-6-2008.