9911796707
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Issues:
1. Entitlement to benefit of Notification 21/2002-Cus. 2. Interpretation of goods imported under specific Bills of Entry. 3. Consideration of stay order issued by the Hon'ble Supreme Court in a related case. 4. Waiver of pre-deposit and stay of recovery in respect of duty and penalty. Entitlement to benefit of Notification 21/2002-Cus: The issue in this case revolved around whether the appellants were entitled to the benefit of Notification 21/2002-Cus. The items imported were declared under three Bills of Entry, and the party claimed the benefit of the notification. However, the lower authorities found that the imported items did not match the description specified in the notification. The appellants argued that they were entitled to the benefit based on a stay order granted by the Hon'ble Supreme Court in a related case. The Tribunal considered the submissions and held that the stay ordered by the Supreme Court had to be honored, leading to a waiver of pre-deposit of duty and penalty amounts and a stay of the impugned order. Interpretation of goods imported under specific Bills of Entry: The items imported were described as "Defigard 3002 Incl Recorder and Pacemaker with Standard Accessories," "D.C. Defibrillators for internal use and Pacemakers," and "Defigard 5000 with paddles complete with Accessories." The party claimed the benefit of Notification 21/2002-Cus for these items. However, the lower authorities found discrepancies in the description of the imported items compared to the items specified in the notification. The Tribunal analyzed the arguments presented by both sides and considered the relevance of the goods' catalog description, dimensions, and weights in determining their eligibility for the notification's benefits. Consideration of stay order issued by the Hon'ble Supreme Court in a related case: The appellants relied on a stay order issued by the Hon'ble Supreme Court in a civil appeal against a Tribunal decision in a previous case involving similar goods. The Supreme Court's stay order in that case was presented as evidence to support the appellants' claim for the benefit of Notification 21/2002-Cus in the current matter. The Tribunal acknowledged the significance of the Supreme Court's stay order and concluded that, at that stage, the reliance placed by the lower appellate authority on a previous decision did not support the Revenue's position, leading to the decision to waive pre-deposit and stay the recovery of duty and penalty amounts. Waiver of pre-deposit and stay of recovery in respect of duty and penalty: Based on the analysis of the issues related to the entitlement to the notification's benefits, interpretation of the imported goods, and the consideration of the Supreme Court's stay order, the Tribunal decided to grant a waiver of pre-deposit and stay the recovery of duty and penalty amounts. This decision was influenced by the Tribunal's view that the stay ordered by the Supreme Court in a related case needed to be honored, indicating a shift in the support for the Revenue's position in the current matter.
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