2015 (5) TMI 969 - AT - Customs

Demand of differential duty - Benefit of Notification No. 12/201 dt. 17/3/2012 and Notification No. 46/2011 - Held that - Since the issue has been referred to a Larger Bench it is the convention that unconditional stay is granted on pre-deposit till the matter is resolved by the Larger Bench Following the said convention we allow the application for wavier of pre-deposit of the amounts involved and stay recovery thereof till disposal of the appeal. - Stay granted.

Summary

Issues involved: Application for waiver of pre-deposit of penalty differential Customs duty and interest on coal import under specific notifications.

Analysis:
The judgment addresses the application seeking the waiver of pre-deposit of the amount confirmed as penalty differential Customs duty and interest on the import of coal. The issue at hand pertains to extending benefits to the appellant for coal imports under Notification No. 12/2012 and Notification No. 46/2011 from Indonesia. The counsel highlighted that a similar issue was referred to a Larger Bench by the Chennai Bench of the Tribunal in a previous case. The Chennai Bench had granted unconditional stay and referred the matter to the Larger Bench. This decision was subsequently followed by other benches, including the Hyderabad Bench. Given the reference to the Larger Bench, it is customary to grant unconditional stay on pre-deposit until the matter is resolved. Consequently, the application for the waiver of pre-deposit of the amounts involved was allowed, and recovery was stayed pending the appeal's disposal.

This judgment showcases the importance of consistency in decisions across different benches of the Tribunal and the adherence to established conventions when issues are referred to a Larger Bench for resolution. The decision to grant a waiver of pre-deposit and stay recovery until the appeal's final disposal reflects the Tribunal's approach to ensuring fairness and procedural correctness in matters concerning Customs duty and import-related benefits. The reliance on previous orders and the decision to follow the convention of granting stay in such cases demonstrate a commitment to maintaining uniformity and upholding principles of justice in the adjudication of disputes related to import duties and notifications.