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2014 (7) TMI 1215 - AT - CustomsCondonation of delay - waiver of pre-deposit of penalty of ₹ 1.75 crores imposed under Section 112 (a) of the Customs Act, 1962 - waiver of pre-deposit of interest and penalty of ₹ 5,11,47,282/- imposed under Section 114A of the Customs Act - mis-declaration of value of Barge - demand of differential duty confirmed - Held that - the value of the imported goods i.e. barge is found to be misdeclared, the applicants have not made out a case for waiver of pre-deposit of penalty - pre-deposit of the remaining dues are waived and recovery thereof stayed for hearing the appeals - application disposed off - delay condoned - waiver allowed partly.
Issues: Delay in filing appeals, waiver of pre-deposit of penalty and interest under Customs Act.
Delay in filing appeals: The applicants sought condonation of a 20-day delay in filing the appeals. The Tribunal, after considering the reasons provided, condoned the delay. Waiver of pre-deposit of penalty and interest: An application was filed for waiver of pre-deposit of penalty of Rs. 1.75 crores under Section 112(a) of the Customs Act and Rs. 5,11,47,282 under Section 114A of the Customs Act. The applicants did not contest the demand of differential duty for the imported goods, a barge named Halani Star, which was already paid. The demand was confirmed due to misdeclaration of the value of the barge. The Tribunal found that since the value of the imported goods was misdeclared, the applicants did not establish a case for a complete waiver of pre-deposit of penalty. However, considering the circumstances, the Tribunal directed the applicant to deposit Rs. 35.00 lakhs towards penalty within eight weeks for the appeal hearing. Upon this deposit, the pre-deposit of the remaining dues was waived, and recovery was stayed for the appeal hearing. This judgment by the Appellate Tribunal CESTAT Mumbai addressed the issues of delay in filing appeals and the waiver of pre-deposit of penalty and interest under the Customs Act. The Tribunal granted condonation of the delay in filing the appeals and directed the applicant to deposit a specified amount towards penalty for the appeal hearing, leading to the waiver of the remaining dues.
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