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Issues: Waiver of pre-deposit of penalty for import of restricted item without import license.
Analysis: The judgment revolves around the issue of waiver of pre-deposit of penalty amounting to Rs. 10,000 imposed on the applicants for importing a used 'Chiller Unit (Industrial Cooling System)' containing Ozone Depleting Substance without the necessary import license, as required by the Revenue. The learned Counsel for the appellants argued that as per the policy interpretation by the DGFT, restricted items can be imported against an advance license, which effectively serves as an import license. Therefore, they contended that no separate import license was necessary in this case, even though the system contained Ozone Depleting Substance, a restricted item. However, it was noted that the DGFT had not yet revised the policy provision to explicitly include a clause for the import of such restricted items. Consequently, the Tribunal found that the applicants had not established a prima facie case for waiver of the penalty. As a result, the applicants were directed to pre-deposit Rs. 5,000 within four weeks towards the penalty. Upon such deposit, the balance amount of duty would be dispensed with, and the recovery thereof stayed pending the appeal. Failure to comply with this direction would lead to the dismissal of the appeal without further notice. The applicants were instructed to report compliance by a specified date. In conclusion, the judgment highlights the importance of complying with import regulations and the necessity of obtaining the required licenses for importing restricted items. It underscores the need for a clear policy framework regarding the import of such items and the implications of non-compliance with the existing regulations. The decision emphasizes the significance of following established procedures and directives to avoid penalties and ensure a smooth appeal process in case of disputes related to import activities.
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