2011 (12) TMI 47 - HC - Customs

Waiver of pre-deposit should be made - With regard to extension of time to make payment of balance amount towards customs duty, we are inclined to extend the time by a period of three months, considering the peculiar circumstances and hardship pointed out by the appellant. Payment should be made in three equal monthly installments.

Summary

Issues:
Appeal under Section 130 of the Customs Act, 1962 challenging the order of the Customs, Excise and Service Tax Appellate Tribunal regarding waiver of pre-deposit.

Analysis:
The appellant sought complete waiver of pre-deposit after their application was dismissed by the Tribunal. The appellant claimed to have achieved 67.9% of the export requirement and requested time for payment in installments. However, the Court noted the appellant's failure to fulfill the export obligations related to imported brass scrap from 12 years ago. The appellant had only fulfilled 14.977% of the export obligation, failing to meet the requirements despite multiple opportunities.

The Tribunal directed the appellant to deposit the balance amount of customs duty, totaling Rs.25,99,154, for the un-exported brass scrap. The appellant had already paid a portion and was required to pay Rs.10,28,337. The penalty and interest were not directed to be paid. The appellant's contention regarding the FOB value was rejected, emphasizing the primary condition of fulfilling the quantity requirement in MTs over value addition. The Court extended the time for payment by three months in equal installments, considering the appellant's circumstances.

The Court clarified that the observations made were specific to the disposal of the present appeal and not binding for future tribunal hearings. The appeal was disposed of without costs, ensuring non-dismissal of the appeal if the pre-deposit conditions were met within the specified timeline.