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Judgment
Heard Mr. Mohanty, learned counsel for the petitioner and Mr. Jeet Mishra, learned Senior Standing Counsel (Central).
Issue notice.
Mr. Mishra accepts notice on behalf of the opp. parties.
Mr. Mohanty, learned counsel for the petitioner submitted that this is a fit case in which the Custom Excise and Service Tax Appellate Tribunal, Kolkata, should have dispensed with deposit of the entire duty as, in this case, excise duty has been levied after rejecting the books of account of the petitioner on the basis of the assessment of production of goods out of the raw materials in the industry of the petitioner made by the adjudicating authority. He further submitted that the balance sheet of the petitioner would disclose accumulated loss of Rs. 104,98,446.63 and in the super cyclone of 1999, the petitioner had suffered a loss of Rs. 33.00 lakhs and the insurance claim for such amount is yet to be decided in an arbitration proceeding.
Mr. Mohanty vehemently submitted that all these aspects have not been considered in the impugned order passed on 29.7.2004 by which the Tribunal has directed the petitioner to deposit a sum of Rs. 15.00 lakhs.
We do not find that the aforesaid aspects have not been dealt with in the impugned order dated 29.7.2004.
Mr. Mishra, learned Sr. Standing Counsel (Central), however, submitted that these aspects might not have been placed before the Tribunal.
A copy of the petition that was filed before the Tribunal and the documents which have been filed before the Tribunal in support of the petition for dispensing with the deposit of disputed excise duty will be filed by 27.9.2004.
In the meanwhile, the operation of the impugned order passed by the Tribunal on 29.7.2004 in Annexure-1 to the writ petition shall remain stayed.”
The parties will be governed by the interim order granted by this Court on 23.09.2004 pending appeal before the Tribunal. Learned Tribunal is directed to hear and dispose of the appeal on or before 31st March, 2019. It is made clear that the Tribunal will inform the petitioner the date on which the hearing of the appeal is likely to be taken up.
Petitioner is at liberty to move this Court in case of any difficulty.
With the observation as aforesaid the writ petition stands disposed of.