2013 (11) TMI 93 - AT - Customs

Waiver of pre deposit and Stay of recovery - Held that - payment of Rs.3 crores stands against the outstanding demand of over Rs.13 crores. It is based on the Hon ble High Court s stay order that the learned counsel has proposed to pre-deposit Rs.1.6 crores against the outstanding duty dues amounting to Rs.6.4 crores - Prima facie case not in favour of assessee - Stay granted partly.

Summary

Issues:
1. Waiver of pre-deposit and stay of recovery sought by the appellant.
2. Appropriation of payments towards outstanding duty dues.
3. Compliance with the High Court's order for payment.
4. Proposal for pre-deposit by the appellant.
5. Decision on the pre-deposit amount and compliance deadline.

The appellant filed applications seeking waiver of pre-deposit and stay of recovery for outstanding duty dues. The adjudicating authority had appropriated payments of Rs.62.45 lakhs and Rs.52.16 lakhs towards demands of over Rs.4.66 crores and Rs.2.88 crores, respectively. The total outstanding duty dues amounted to Rs.6.4 crores. The appellant offered to pre-deposit Rs.1.6 crores, following the High Court's order in a related case. The High Court had granted interim stay on the condition of a Rs.3 crores payment, which the appellant complied with. The proposal to pre-deposit Rs.1.6 crores against the outstanding dues was accepted by the Tribunal. The appellant was directed to deposit the amount within six weeks and report compliance by a specified date. Upon compliance, waiver and stay were granted for the remaining dues, including penalties and interest on duty.

This judgment addressed the issues of pre-deposit waiver and stay of recovery sought by the appellant for outstanding duty dues. The Tribunal considered the payments already made towards the demands and the proposal for pre-deposit. The appellant's offer to pre-deposit Rs.1.6 crores was based on a similar order by the High Court in a related matter. The Tribunal accepted this proposal, directing the appellant to deposit the amount within six weeks and report compliance by a specified date. Compliance with the High Court's order for payment was confirmed, leading to the decision to waive and stay the remaining dues, including penalties and interest on duty.

In conclusion, the Tribunal granted the appellant's request for waiver of pre-deposit and stay of recovery for outstanding duty dues. The decision was based on the appellant's offer to pre-deposit Rs.1.6 crores in line with a High Court order in a related case. The Tribunal directed the appellant to deposit the amount within six weeks and report compliance by a specified date. Compliance with the High Court's payment order was confirmed, leading to the waiver and stay of the remaining dues, including penalties and interest on duty.