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Issues:
- Liability of the applicant for differential duty amounts under Customs Act, 1962. - Interpretation of importer's liability in cases of incorrect exchange rate implementation. - Consideration of pre-deposit made before Commissioner (Appeals) in waiver decision. Analysis: The judgment by the Appellate Tribunal CESTAT, CHENNAI involved appeals against the orders of the Commissioner (Appeals) regarding the recovery of differential duty amounts from the applicant under Section 28(2) of the Customs Act, 1962. The applicant argued that they were not the importer, as indicated in the Bill of Entry, and therefore should not be held liable for the duty amounts. The Tribunal considered that the goods were purchased by the applicant, but mere indication below the importer's name did not establish liability under Section 28 of the Act. The recovery was based on exchange rate fluctuations, and the Tribunal ruled that the buyer should not be held liable for the importer's duty discrepancies due to inadvertence or negligence in exchange rate implementation. Regarding pre-deposit, the applicant had already pre-deposited 50% of the amounts payable before the Commissioner (Appeals) under Section 129E, which were adjusted towards the original amount. The Tribunal recognized this pre-deposit and directed that it be considered for the pending appeals. Consequently, the Tribunal waived the remaining amounts payable under the Orders-in-Original until the final hearing of the appeals. The judgment emphasized the importance of proper interpretation of importer liability, especially in cases involving exchange rate fluctuations, and the consideration of pre-deposits in determining the waiver of remaining amounts pending appeal.
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