9911796707
|
Home
Issues:
Application for stay and waiver of pre-deposit under Section 129E of the Customs Act, 1962. Analysis: The case involved the seizure of imported Polyester Yarn from the premises of a company without duty paying documents. The officers found a shortage of imported yarn, leading to the confiscation of 8,786 kilograms valued at Rs. 7,02,880. Show cause notices were issued, and the adjudicating authority ordered confiscation of goods, imposed fines, and confirmed the demand of Customs duty. Appeals were made to the Commissioner of Customs (Appeals), who upheld certain confiscations, fines, and penalties but set aside the demand and confirmation of duty for goods cleared clandestinely. The Department did not appeal the Commissioner's decision. The appellants cited relevant cases to argue that when the demand of duty is dropped, penal provisions cannot be upheld. Following this argument, the Tribunal granted waiver of pre-deposit and stayed the recovery, considering a strong prima facie case made by the appellants. This judgment primarily dealt with the application for stay and waiver of pre-deposit under Section 129E of the Customs Act, 1962. The case involved the seizure of imported Polyester Yarn without duty paying documents, leading to confiscation and imposition of fines and penalties. The Commissioner of Customs (Appeals) upheld certain aspects but set aside the demand and confirmation of duty for goods cleared clandestinely. The Tribunal considered relevant legal precedents cited by the appellants and granted waiver of pre-deposit, staying the recovery based on the strong prima facie case presented. The Tribunal's decision was based on the argument that when the demand of duty is dropped, penal provisions cannot be upheld, as per relevant legal principles cited in the case. The Department did not challenge the Commissioner's decision, leading to the Tribunal granting waiver of pre-deposit and staying the recovery. The judgment highlighted the importance of legal precedents in determining the outcome of cases involving confiscation, fines, and penalties under the Customs Act, 1962.
|
