2008 (9) TMI 687 - AT - Customs

Summary

Issues:
Waiver of pre-deposit condition of penalty under Section 112 of the Customs Act, 1962.

Detailed Analysis:

Issue 1: Waiver of Pre-Deposit Condition
The judgment concerns stay petitions against the pre-deposit condition of penalties imposed by the adjudicating authority under Section 112 of the Customs Act, 1962. The appellants, employees of clearing agents, were involved in the clearance of parcels that arrived by courier. The parcels, initially declared as 'paper labels,' were found to contain computer memory chips, radio wristwatch straps, and other goods, including 60 kgs of Dexamethasone. The lower authorities seized the consignments and issued show cause notices to the importers and applicants, concluding that the applicants had violated customs provisions and were liable for penalties.

Issue 2: Violation of Natural Justice
The counsel for the applicants argued a violation of natural justice, claiming that the authorities did not provide copies of bills of entries or allow cross-examination of officers. The applicants retracted their statements before the authorities and asserted that there was no evidence, apart from recorded statements, to prove collusion with importers. The financial hardship faced by the salaried applicants, earning around Rs. 9,000 per month, was highlighted to support the request for unconditional waiver of penalties.

Issue 3: Arguments by Respondent
The Respondent contended that the applicants were present during clearance and attempted to avoid screening of the parcels. Despite initial retractions, the applicants later made incriminating statements. The Respondent argued against waiving the pre-deposit condition, emphasizing the need for strict conditions.

Issue 4: Tribunal's Decision
After considering submissions and evidence, the Tribunal noted that the confiscated goods were unclaimed, and the applicants were involved in the clearance process. The statements made by the applicants on the interception day and later indicated their involvement. While one applicant's absence was disputed, records confirmed his duty status. The Tribunal acknowledged the need for detailed evidence appreciation during the final hearing. Considering the applicants' financial status and inability to justify their actions, the Tribunal directed a deposit of Rs. 25,000 each within 12 weeks. Upon compliance, the pre-deposit condition for the remaining penalties was waived, and recovery stayed until appeal disposal.

This comprehensive analysis of the judgment highlights the issues, arguments presented, and the Tribunal's decision regarding the waiver of the pre-deposit condition of penalties under the Customs Act, 1962.