EON POLYMERS LTD Vs. COMMISSIONER OF CENTRAL

JUDGEMENT

(1.) IN this writ petition, the only question raised is with regard to the waiver of the pre-deposit of the duty/penalty which has been imposed upon the petitioner.

(2.) EARLIER, by an adjudication order dated 12. 05. 2000, duty and penalty aggregating to approximately Rs. 5. 00 crores were imposed on the petitioner. There was also a direction for confiscation of the plant and machinery and other goods lying in the factory premises. Being aggrieved, the petitioner preferred an appeal before the Customs, Excise and Service Tax appellate Tribunal and also moved an application for waiver of pre-deposit. By an order dated 01. 11. 2000, the tribunal required the petitioner to deposit an amount of Rs. 15. 00 lac and waived deposits in respect of the balance amount for hearing of the appeal.

(3.) THE petitioner company was facing acute financial hardships and therefore, it made an application for modification of this order. The same was allowed by virtue of the order dated 04. 01. 2001 to the extent that the pre-deposit amount was reduced to an amount of Rs. 1. 50 lacs. The petitioner deposited the said amount of Rs. 1. 50 lacs and the appeal was heard by the tribunal. On hearing appeal, the tribunal set aside the original adjudication order and remanded the matter to the Commissioner Central Excise. Since, the plant and machinery had been confiscated, the same were also directed to be released to the petitioner. The Commissioner passed the adjudication order dated 15. 07. 2003 and imposed an aggregate duty and penalty of Rs. 1. 41 crores as against the initial order of adjudication whereby the said aggregate amount of approximately Rs. 5. 00 crores was imposed.