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2012 (8) TMI 324 - AT - CustomsPlea for waiver of pre-deposit of penalties - penalty imposed of Rs.13 lakhs u/s 114 and 114AA of Customs Act, 1962 for alleged impersonation by appellant and exporting over-valued goods - assessee contended serious financial hardship and inability to even deposit 25% of the amounts involved - Held that - Since issue is not free from doubt and considering the fact that the first appellate authority has himself expressed observation and doubt as regards maintainability of penalty under both the Sections of the Customs Act, 1962, we find that the appellant should be put to condition of depositing of Rs.2 lakhs for hearing his appeal by first appellate authority.
Issues: Waiver of pre-deposit of penalties under Sections 114 and 114AA of Customs Act, 1962.
Analysis: 1. The appellant filed a Stay Petition seeking a waiver of pre-deposit of penalties amounting to Rs.13 lakhs imposed under Sections 114 and 114AA of the Customs Act, 1962. 2. The penalties were imposed due to the appellant impersonating himself and exporting over-valued goods that were liable for confiscation. 3. The Order-in-Original imposed the penalties, and the appellant's appeal was dismissed for non-compliance as he failed to deposit Rs.5 lakhs as directed by the first appellate authority. 4. The appellant argued financial hardship and cited a High Court directive in a similar case where appellants were asked to deposit 25% of the penalty imposed. 5. The Tribunal noted doubts regarding the maintainability of the penalties under the Customs Act, 1962, and directed the appellant to deposit Rs.2 lakhs within eight weeks for the appeal to be heard by the first appellate authority. 6. The appellant was instructed to report compliance by a specified date, after which the first appellate authority would hear the appeal and pass an order on the case's merits. 7. The Stay Petition and the appeal were disposed of accordingly, with the appellant required to comply with the deposit directive for further proceedings to take place.
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