2006 (2) TMI 401 - AT - Customs

Summary

Issues:
1. Waiver of pre-deposit of penalty amount and interest amount sought by the applicant.
2. Consideration of export obligations fulfillment due to overseas conditions.
3. Applicability of Tribunal rulings on penalty and interest leviability.

Analysis:
1. The applicant sought a waiver of pre-deposit of penalty amount and interest amount totaling Rs. 3,27,612/-, as the duty amount had already been recovered by encashing the bank guarantee. The applicant had imported capital goods for curing coffee beans but faced difficulties in completing export obligations due to heavy losses in the local coffee market and other unavoidable circumstances. Citing Tribunal rulings in specific cases, the applicant argued that penalty and interest should not be levied when export obligations are frustrated by overseas conditions.

2. The Respondent, represented by the learned SDR, contended that the applicant failed to provide proof of export through export promotion or copies of shipping bills. The Commissioner had examined the reasons and rejected them, indicating a lack of evidence supporting the export claims made by the applicant. However, the Tribunal found that the bank guarantee for the duty amount had already been encashed, leading to the main issue concerning the recovery of interest and penalty.

3. After a careful consideration of the arguments, the Tribunal referred to the cited judgments and concluded that interest and penalty should not be levied when part exports have been fulfilled, and the remaining part has been frustrated by overseas conditions. Despite the SDR's attempt to distinguish the judgments, the Tribunal found the applicability of the rulings persuasive. Therefore, the Tribunal allowed the stay application, granting a waiver of pre-deposit of interest and penalty amounts. The matter was directed to be listed before a Single Member Bench when constituted, with a stay on any recovery until the appeal's disposal.