COMMISSIONER OF CENTRAL EXCISE Vs. ARTI STEEL LTD.

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Section 35H of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) to direct the Customs Excise and Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as the Tribunal), to state the facts of the case and refer the question of law to this Court for its opinion.

(2.) THE respondent is engaged in the manufacture of iron and steel products. A case of surreptitious removal of excisable goods was booked against the assessee which was adjudicated upon by the Collector of Central Excise imposing a penalty of Rs. 10,00,000/ - and confirming the demand of Rs. 49,81,884.17 Paise. In appeal against the order before the Tribunal, the assessee was directed to predeposit a sum of Rs. 15 lacs for the hearing of the appeal. Assessee deposited the same. The appeal was accepted. The assessee filed Misc. Application before the Tribunal for refund of Rs. 15 lacs deposited as a predeposit for hearing his appeal along with interest thereon. Learned Tribunal allowed the Misc. Application and directed interest in terms of Sub -section (1) of Section 11BB of the Act. After hearing the learned Counsel for the parties we are of the opinion that the following question of law arises for consideration :

(3.) IN view of above we direct the Tribunal to draw the statement of facts for the opinion of this Court on the question of law mentioned above.