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Issues: Stay application for waiver of pre-deposit of duty and stay of recovery proceedings.
In the judgment delivered by the Appellate Tribunal CESTAT, Bangalore, the applicants filed a stay application seeking waiver of pre-deposit of duty amounting to Rs. 21,29,531 and stay of recovery proceedings. The learned Advocate representing the applicants argued that the impugned items imported were Anti Static Carpet Equipment, claiming exemption under Notification No. 140/91-Cus., dated 22-10-1991. The adjudicating authority denied the exemption, stating the items were not capital goods. However, the Commissioner (Appeals) acknowledged that the equipment was capital goods but raised a new condition regarding the use of the equipment for software development for export, which was not fulfilled according to the Commissioner (Appeals). The Counsel highlighted the Chartered Engineers Certificate, indicating the use of the equipment for software development, which was not considered by the Commissioner (Appeals). Upon hearing both parties, the Tribunal considered the facts and the Commissioner (Appeals)'s findings that the Anti Static Carpet Equipment qualified as capital goods. Consequently, the Tribunal deemed it a suitable case to grant the stay as requested by the applicants, leading to the allowance of the stay application for waiver of pre-deposit of duty and stay of recovery proceedings.
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