2008 (7) TMI 829 - AT - Customs

Appeal to Appellate Tribunal - Limitation - Stay/Dispensation of pre-deposit - Demand and penalty

Issues:
1. Condoning the delay in filing the appeal due to the applicant being under judicial custody.
2. Waiver of pre-deposit of duty and penalty for the appellant.
3. Allegations of diversion of duty-free imported goods to the domestic market.
4. Lack of service of show cause notice and opportunity of hearing.
5. Liability of the appellant and penalty imposition on authorized signatory.
6. Evidence of diversion of goods and duty evasion.
7. Decision on waiver of pre-deposit of duty and penalty for the appellant and authorized signatory.

Issue 1 - Condoning Delay in Filing Appeal:
The applicant filed the appeal for condoning the delay, citing that the order was served while they were under judicial custody. The revenue claimed the order was sent via registered post and later posted to the business premises. The Tribunal observed the circumstances and condoned the delay, allowing the appeal to proceed.

Issue 2 - Waiver of Pre-deposit of Duty and Penalty:
The appellant, a trading unit, imported duty-free goods but allegedly diverted them to the domestic market. The Tribunal noted discrepancies in export documentation and non-compliance with duty payment. The appellant's financial hardship and lack of awareness were considered. The Tribunal directed a partial deposit of duty and waived the penalty based on specific circumstances, also granting relief to the authorized signatory.

Issue 3 - Allegations of Goods Diversion:
The case involved allegations of diverting duty-free imported goods to the domestic market, leading to a demand for duty payment and penalties. The Tribunal examined discrepancies in export records and found the appellant liable for duty payment due to non-exportation of goods as required.

Issue 4 - Lack of Service and Opportunity:
The appellant claimed the show cause notice was not served, but evidence showed otherwise. Allegations of lack of opportunity for hearing were raised, but the Tribunal considered the facts presented and proceeded with the case based on the available evidence.

Issue 5 - Liability and Penalty Imposition:
The revenue argued that the appellant and the authorized signatory were responsible for the diversion of goods and duty evasion. Statements and evidence were presented to support the imposition of penalties. The Tribunal evaluated the evidence and imposed specific directives for duty payment and penalty waiver based on individual roles and circumstances.

Issue 6 - Evidence of Duty Evasion:
Evidence, including statements and investigation findings, indicated duty evasion and diversion of goods by the appellant. The Tribunal emphasized the onus on the appellant to prove compliance with export obligations, highlighting discrepancies in export documentation and confirming duty liability and penalties.

Issue 7 - Decision on Waiver of Pre-deposit:
Considering the appellant's trading status, duty-free imports, diversion of goods, and financial hardship, the Tribunal directed a partial duty deposit and waived the penalty based on the appellant's circumstances. The authorized signatory's role and lack of personal benefit from duty evasion led to the waiver of penalties for the signatory.

In conclusion, the Tribunal's judgment addressed various issues, including delay condonation, duty and penalty waivers, diversion of goods, liability, evidence evaluation, and individual responsibilities, providing detailed reasoning and directives based on the specific circumstances of the case.

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