2010 (6) TMI 744 - AT - Customs

Summary

Issues Involved:
Waiver of pre-deposit and stay of recovery in relation to interest on duty paid under the Customs Act.

Analysis:

1. Issue of Waiver of Pre-deposit and Stay of Recovery:
The appellant sought waiver of pre-deposit and stay of recovery concerning the interest on duty paid under the Customs Act. The appellant had been warehousing goods since 1976 and paid duty on goods overstaying the warehousing period, which led to the interest amount in question. The Assistant Commissioner worked out the interest leviable under Section 61 of the Customs Act, which was challenged by the appellant through an appeal dismissed by the Commissioner (Appeals). The primary contention of the appellant was that due to the extension of the warehousing period granted by the Chief Commissioner, no interest was payable. However, the appellate authority and the Revenue argued that the only issue to be addressed was the interest on duty. The Tribunal found the Revenue's submission factually correct, concluding that the surviving issue was indeed the interest on duty.

2. Extension of Warehousing Period and Interest Liability:
The Chief Commissioner had extended the validity period of the bonds covering the warehoused items, as requested by the appellant. However, these facts were not presented before the adjudicating authorities earlier, raising questions about the timing and reasons for not claiming the benefit of the Chief Commissioner's decision. The Tribunal noted the lack of satisfactory explanation from the appellant's consultant regarding this omission, which could have potentially impacted the interest liability issue.

3. Liability for Interest on Duty:
Regarding the substantive issue of interest on duty, the Tribunal observed that the appellant was liable to pay interest on the duty paid since 31-3-2004 from 23-12-1991 under Section 61(2) of the Customs Act. Despite the absence of a prima facie case for the appellant, the Tribunal directed them to pre-deposit a specified amount within a stipulated period under Section 129E of the Customs Act. Compliance with this directive would result in the waiver of pre-deposit and stay of recovery for the remaining interest amount.

In conclusion, the Tribunal's judgment addressed the issues of waiver of pre-deposit and stay of recovery in connection with the interest on duty paid by the appellant under the Customs Act. It clarified the liability for interest based on statutory provisions and previous decisions, emphasizing the necessity of compliance with the directed pre-deposit to secure relief from further recovery actions.