2008 (2) TMI 699 - AT - Customs

Summary

Issues:
- Waiver of pre-deposit and stay of recovery regarding denied DEPB credit for export of processed, preserved, and frozen shrimps
- Imposition of a penalty of Rs. 3.00 lakhs on the party

Analysis:
1. Waiver of Pre-deposit and Stay of Recovery:
The appellants sought waiver of pre-deposit and stay of recovery concerning DEPB credit denial for exporting shrimps. The appellants claimed DEPB credit for using specified chemical preservatives in shrimp processing and preservation, supported by a certificate declaring the product free from preservatives. However, the certificate raised doubts as it implied preservatives might have been used earlier without evidence. The show-cause notice suggested the exporter supplied chemicals to processing plants, indicating possible use in shrimp processing. The Tribunal concluded that the Revenue could not dispute the appellants' claim of using preservatives. Therefore, the Tribunal allowed the waiver of pre-deposit and stay of recovery concerning the penalty imposed on the appellants.

2. Imposition of Penalty:
The penalty of Rs. 3.00 lakhs was imposed on the party in question. The Tribunal considered the circumstances, including the claim of using preservatives in shrimp processing and preservation. As there was no evidence ruling out the use of chemicals in processing, the Tribunal decided that the penalty should be waived. Consequently, the Tribunal granted the waiver of pre-deposit and stay of recovery regarding the penalty imposed on the appellants.

In conclusion, the Appellate Tribunal CESTAT, CHENNAI, in the absence of representation for the appellants, examined the case concerning denied DEPB credit for exporting shrimps and the imposed penalty. The Tribunal analyzed the evidence, including the certificate and show-cause notice, to determine the validity of the appellants' claim regarding the use of preservatives in shrimp processing. Based on the findings, the Tribunal allowed the waiver of pre-deposit and stay of recovery concerning the penalty imposed on the appellants.