2013 (10) TMI 730 - AT - Customs

Stay application - Classification of woven polyester ladies stole - Section 129E - Held that - provisions of Section 129E do not apply, as far as duty deposit is concerned. As regards penalty, we find that the goods worth Rs.68,20,000/- approximately are lying with the Revenue, which are sufficient to cover the penalties imposed upon the appellants. Learned advocate also undertakes not to redeem the goods during pendency of the appeals and prays for fixing the appeal itself for final disposal as a live consignment is involved. Inasmuch as the goods are with the Revenue, we dispense with the condition of pre-deposit of duty and penalties and allow all the stay petitions unconditionally - Stay granted.

Summary

Issues Involved:
Classification of goods for duty, imposition of penalty, redemption of confiscated goods, pre-deposit of duty and penalties, final disposal of appeals.

Classification of Goods for Duty:
The Commissioner changed the classification of woven polyester ladies stole, resulting in a higher duty rate under 62149060 instead of 61171090. The impugned order confirmed duty of Rs.65,34,634 against the appellant. The appellant's goods worth approximately Rs.68,20,000 are with the Revenue, covering the penalties imposed. The appellant did not opt to redeem the goods, affecting the application of Section 129E regarding duty deposit. The advocate requested final disposal of appeals due to the live consignment involved. The Tribunal dispensed with the pre-deposit condition for duty and penalties, allowing the stay petitions unconditionally and fixing the appeals for final disposal on a specific date.

Imposition of Penalty:
Along with the duty confirmation, the Commissioner imposed a penalty of Rs.65,34,634 on M/s. Paras Aggarwal Hosiery and additional penalties of Rs.5 lakhs each on other applicants. The appellant's goods worth Rs.68,20,000 are sufficient to cover the penalties imposed. The advocate assured not to redeem the goods during the appeal process, leading to the Tribunal allowing the stay petitions without the pre-deposit requirement for penalties.

Redemption of Confiscated Goods:
The impugned order allowed the appellant an option to redeem the confiscated goods on payment of a redemption fine of Rs.17.50 lakhs. The appellant did not opt to redeem the goods, impacting the application of Section 129E concerning duty deposit. The Tribunal considered the value of goods with the Revenue, which exceeded the penalties imposed, and decided to allow the stay petitions without the pre-deposit condition for duty and penalties.

Pre-Deposit of Duty and Penalties:
Due to the goods' value covering the penalties, the Tribunal dispensed with the pre-deposit requirement for duty and penalties. The appellant's advocate confirmed not redeeming the goods during the appeal process, leading to the Tribunal allowing the stay petitions unconditionally and fixing the appeals for final disposal on a specific date.

Final Disposal of Appeals:
The Tribunal decided to fix the appeals for final disposal on a specific date, considering the live consignment involved and the goods being with the Revenue. The advocate's request for final disposal led to the Tribunal allowing the stay petitions without the pre-deposit requirement for duty and penalties.