9911796707
TMI Blog2012 (10) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... f perennial litigation and nothing but a case of much ado about nothing! 2. It is rather paradoxical that whether it be the assessee, by and large always the assessee, or even revenue, seeks to give more importance to the proviso than to the main section viz., Section 129E of the Act, a provision mandating the deposit of the amount in dispute before an appellate authority as a condition for maintaining the appeal, but the proviso making an exception for a relaxation in certain circumstances and reading as under: 129E. Deposit, pending appeal, of duty and interest, demanded or penalty levied. - Where in any appeal under this Chapter, the decision or order appealed against relates to any duty and interest demanded in respect of goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... waiver of 100% of the pre-deposit amount as the appellant was a public sector undertaking. 4. We have heard Sri G. Shivadass, learned counsel for the appellant and Sri C. Shashikantha, learned standing counsel for the respondent-revenue. 5. A distinct feature that is sought to be highlighted is that the appellant is a public sector undertaking and insofar as it relates to requirement of pre-deposit is concerned, the Central Board of Excise and Customs has issued certain circulars and the Tribunal was bound to look into the circulars and act accordingly etc. 6. Under the impugned order, the Tribunal while passing orders on the said application of the appellant, had permitted the applicant-appellant to deposit a sum of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e taken up for merit hearing without insistence of deposit of duty prior to disposal of appeal. The applicants also seek an opportunity for being heard in person and permission to add, amend or delete any of the grounds in this application. to submit that practice in such cases is that the appellant normally files a compendious application, both for stay and for waiver of pre-deposit and the Tribunal also passes orders accordingly. 9. While it may be the practice of the assessee or the practice of the Tribunal in entertaining such applications and passing orders, we find that the enabling statutory provisions for waiver of deposit of the amount involved in the appeal is not at all indicated either in the application or in the order p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable goods) Rules, 2001, the receiver of the goods is also required to execute a General Bond with the jurisdictional A.C./D.C. Also, a surety for a bond is to be for the full amount of the bond and it should be ensured that surety is financially sound. Further, undertaking owned and managed directly through any Ministry, Directorate/Directorates by the Central Government or State Government is exempt from furnishing any security or surety or a bond. and submits that in terms of these instructions, an undertaking of Central Government is not required for deposit etc. 12. While a supplementary instructions of this nature by the board addressed to the custom ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
