2005 (3) TMI 530 - AT - Customs

Summary

Issues:
1. Confiscation of goods and imposition of redemption fine.
2. Duty liability under Section 125 of the Customs Act, 1962.
3. Pre-deposit requirements under Section 129E of the Customs Act, 1962.
4. Violation of EPCG license terms and relevant notification.
5. Adequacy of pre-deposit for waiver requirements.
6. Early hearing and scheduling of the appeal.

Analysis:
1. The judgment addresses the confiscation of goods and imposition of redemption fine. It clarifies that duty liability under Section 125 of the Customs Act, 1962, arises only after goods are redeemed. Since the goods in question were not redeemed, duty liability does not arise in this case.

2. Regarding the pre-deposit requirements under Section 129E of the Customs Act, 1962, the judgment explains that goods ordered to be confiscated are under the control of Customs authorities, and thus, the pre-deposit requirements are not necessary. The liability for confiscation duties and penalties is based on the violation of the EPCG license terms.

3. The judgment highlights that the issues related to the EPCG license violation will be determined in the regular hearing. It notes that the goods are covered by a valid license issued after the Ministry of Information Technology's recommendation, indicating compliance with capital goods requirements. Additionally, a significant sum has already been deposited by the importers, fulfilling EPCG export obligations.

4. The judgment acknowledges the deposit made by the importers, the validity of the bond and bank guarantee executed during customs clearance, and the appellants' commitment to maintain their validity. It suggests that an arguable case exists for waiving the pre-deposit requirements in the appeals.

5. Considering the complexity of the issues and the amounts involved, the judgment grants an early hearing, scheduling the appeal for a specific date to expedite the resolution process.

6. In conclusion, all applications are disposed of based on the considerations outlined in the judgment, emphasizing the importance of addressing the issues raised in the appeal promptly and efficiently.