2013 (8) TMI 34 - AT - Customs

Waiver of pre deposit - Misdeclaration of goods- duty liability on Tuna Fishing Hooks - imported along with vessel which was brought in for ship breaking by the assesse Revenue were of the view that the assesse had not declared the fishing hooks along with the vessel - Held that - The deposit as enough security to hear and dispose the appeals - the issue involved in these cases was debatable one Assesses had stated that the amounts were still lying with the Department - Since 50% of the duty liability and 50% of the penalty imposed on the main appellant stand deposited waiver of pre deposit allowed stay granted.

Summary

Issues: Stay petitions for waiver of duty, interest, and penalties on imported Tuna Fishing Hooks.

Analysis:
1. The appellants filed three Stay Petitions seeking a waiver of the duty confirmed by the adjudicating authority, interest, and penalties imposed by the first appellate authority.
2. Despite the absence of the appellants during the hearing, their written submissions were considered by the Bench.
3. The primary issue revolved around the duty liability on Tuna Fishing Hooks imported along with a vessel for ship breaking. The revenue authorities alleged mis-declaration as the fishing hooks were not declared along with the vessel. Additionally, the authorities determined the hooks as second-hand, making them liable for duty.
4. The first appellate authority directed the appellants to deposit 50% of the duty and penalty amounts to proceed with the appeal. The appellants confirmed that these amounts were deposited with the Department, serving as sufficient security for the appeals' consideration due to the debatable nature of the issue.
5. Consequently, the Bench allowed the waiver of the balance amounts and stayed the recovery until the appeals were disposed of, emphasizing the sufficient security provided by the initial deposits.