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Issues:
1. Demand for duty waiver by Airport Authority of India 2. Confiscation of goods and penalties imposed 3. Validity of second Show Cause Notice (SCN) for duty demand 4. Contention regarding unavailability of 65 consignments 5. Basis of duty demand on seized consignments Analysis: 1. The application was filed by the Airport Authority of India seeking a waiver of pre-deposit of duty amounting to Rs. 17.7414 crores. The demand arose due to the inability of the Airport Authority of India to produce 65 consignments imported into India. The initial interception by Customs officers revealed discrepancies in the description of goods, leading to absolute confiscation of the goods and imposition of penalties on the Airport Authority of India. 2. The Tribunal upheld the penalties imposed on the Airport Authority of India after it was discovered that similar 65 consignments had been imported earlier from the same supplier. These goods were not found in the Airport Authority of India's warehouse, prompting a separate Show Cause Notice for duty demand as the Airport Authority of India was appointed as the custodian under the Customs Act. 3. The applicant contended that since an earlier Show Cause Notice was issued for penalty imposition on the same consignment, the second SCN for duty demand was not sustainable on merit. The duty was quantified on a pro-rata basis considering the contents of the two seized consignments, but the applicant argued that there was no evidence to prove that the earlier consignments also contained the same goods. 4. The Airport Authority of India reported the theft of goods to the police, emphasizing the unavailability of the 65 consignments. On the other hand, the revenue authorities argued that the duty demand was justified as the earlier consignments were imported by the same exporter and some importers were common with the seized consignment. The duty was demanded based on the contents of the seized consignments, which included undeclared gold biscuits. 5. The duty demand was based on the assumption that the earlier consignments also contained similar goods as the seized consignments. The Tribunal found merit in the application, noting that the demand was primarily based on presumption and assumption. Consequently, the pre-deposit of the entire duty amount was waived for the appeal hearing, and the stay petition was allowed.
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