M/s. Bony Polymers (P) Ltd. vs Commissioner of Central Excise and Another

Rajive Bhalla, J.—The appellant, prays for quashing of order dated 8.10.2012 whereby the Customs, Excise & Service Tax Appellate Tribunal, New Delhi has directed the appellant to deposit the entire amount of Rs. 12,34,032/- within six weeks, as pre-deposit in terms of Section 35-F of the Central Excise Act, 1944. While issuing notice in the petition, the appellant was directed to deposit 50% of the demand raised by the respondents and, as submitted by Counsel for the appellant, the said amount has been deposited. Counsel for the appellant prays that as 50% of the amount has been deposited and the appeal is pending adjudication, the impugned order may be modified to the extent that the appeal may be decided after accepting 50% of the amount demanded, on such other terms and conditions as this Court may deem proper. Counsel for the respondents states that he has no objection to the aforementioned prayer, provided a direction is issued that in case the appeal is decided against the appellant, the appellant shall deposit the balance amount within a week of the decision and before availing any other remedy.

We have heard Counsel for the parties, perused the paper book as well as the impugned order, and, as the appellant has already deposited 50% of the amount, demanded by the respondents, in terms of the order passed by this Court, partly allow the appeal and modify the order dated 8.10.2012 in the following terms. The appeal shall be decided on merits, by accepting the amount deposited by the petitioner as pre-deposit in terms of Section 35-F of the Central Excise Act, 1944. In case the appeal is decided against the appellant, he shall be bound, as a pre-condition, before availing any other further remedy, to deposit the balance amount within one week of the decision of his appeal. Failure of the petitioner to comply with this direction shall entitle the respondents to initiate proceedings in accordance with law, as well as proceedings under the Contempt of Courts Act. The appeal be decided within three months of receipt of a certified copy of this order.