2013 (10) TMI 577 - AT - Customs

Penalty u/s 112(b) - Abatement of the importer - import of imported SWF brand Computer Embroidery Machines - Held that - It appears from the impugned order that the applicants purchased the goods from the importer and paid full rate of duty on the basis of local sales invoices. Prima facie, in our considered view, it is a fit case for waiver of pre-deposit of penalties. Accordingly, the penalties are waived and its recovery stayed till the disposal of the appeals - Decided in favour of assessee.

Summary

Issues:
- Application for waiver of predeposit of penalty under Section 112 (b) of the Customs Act, 1962.

Analysis:
The judgment by the Appellate Tribunal CESTAT CHENNAI involved applications from M/s. J.B.Creations and M/s. S.S. Embroideries seeking waiver of predeposit of penalties amounting to Rs. 12 lakhs and Rs. 5 lakhs respectively, imposed under Section 112 (b) of the Customs Act, 1962. The case stemmed from the import of SWF brand Computer Embroidery Machines by M/s. Macro Agencies from M/s. Sunstar Precision Company Limited, Korea, and subsequent sale to various buyers, including the applicants. The penalty was levied on the applicants due to alleged wrongful exemption benefit availed by M/s. Macro Agencies, the actual importer. The Tribunal considered the arguments presented by both sides and examined the records to reach a decision.

The Tribunal noted that the applicants had purchased the goods from the importer, M/s. Macro Agencies, and had paid the full rate of duty based on local sales invoices. The Ld. Advocate highlighted the findings of the Commissioner regarding the penalty imposition on the applicants. However, upon review, the Tribunal found that the applicants had fulfilled their obligations as buyers by paying the full duty to the importer through local sales transactions. The Tribunal did not find evidence supporting the claim that the applicants were part of high seas sales, as suggested by the Ld. AR. Consequently, the Tribunal opined that the case warranted waiver of the pre-deposit of penalties. As a result, the penalties were waived, and the recovery of the penalty amounts was stayed until the disposal of the appeals filed by the applicants.

In conclusion, the Tribunal allowed the stay petitions filed by M/s. J.B.Creations and M/s. S.S. Embroideries, granting them relief from the predeposit of penalties imposed under Section 112 (b) of the Customs Act, 1962. The decision was based on the Tribunal's assessment that the applicants had acted in good faith as buyers, fulfilling their duty obligations in the transactions related to the imported goods.