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Issues involved: Alleged fraudulent availing of duty drawbacks leading to confiscation of goods and imposition of penalty under Section 113 of the Customs Act, 1962, appeal before CESTAT challenging the order-in-original, application under Section 129E for waiver of pre-deposit dismissed by CESTAT.
Confiscation of Goods and Penalty Imposed: The petitioners availed duty drawbacks for purported exports, leading to a show cause notice alleging fraudulent activity and wrongful availment of duty drawbacks. The respondent passed an order-in-original holding the drawback amounts availed by the petitioners as inadmissible, with goods liable for confiscation under Section 113 of the Customs Act, 1962. Additionally, a penalty of &8377; 50,00,000/- was imposed. The petitioners appealed to CESTAT and filed an application under Section 129E seeking waiver of pre-deposit, which was dismissed by CESTAT, directing the petitioners to deposit the specified amounts within four weeks. Challenge to CESTAT Order: The petitioners contended that CESTAT did not consider the prima facie case and documents presented by them. However, the High Court disagreed, citing the impugned order where the Tribunal thoroughly examined the documents and arguments presented by both sides. The Tribunal found the Revenue's stand satisfactory, noting that the appellant failed to provide substantial evidence to counter the allegations. The High Court upheld the Tribunal's decision based on a prima facie view and consideration of relevant facts, including the interest of revenue as per Supreme Court judgments. Judicial Review and Dismissal of Petitions: The High Court declined to interfere with the CESTAT order under Article 226 of the Constitution of India, emphasizing that the Tribunal had considered all relevant aspects, including the interest of revenue. The Court directed that during the appeal hearing, the Tribunal should assess the submissions without being influenced by the observations in the impugned order. Ultimately, the petitions were dismissed, maintaining the status quo until the appeal hearing.
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