2014 (1) TMI 737 - AT - Customs

Stay application - Confiscation of goods - Nature goods called hazardous - Imposition of redemption fine - Held that - impugned goods have been imported in September 2010 and they were yet to be cleared - Therefore, matter is listed for hearing - Stay granted.

Summary

Issues:
1. Early hearing of stay petition in appeal No. C/432/2012.
2. Stay of operation of the Commissioner's (Appeals) order regarding hazardous goods import.
3. Appeal (C/3135/2011) pending before the Bench.

Analysis:

Issue 1: Early Hearing of Stay Petition
The judgment addresses a miscellaneous application seeking early hearing of a stay petition in appeal No. C/432/2012. The application is deemed infructuous as the stay petition is already listed for the day, leading to the dismissal of the miscellaneous application.

Issue 2: Stay of Operation of Commissioner's (Appeals) Order
The Tribunal heard both sides on the stay petition in appeal No. C/432/2012, where the department sought a stay on the Commissioner's (Appeals) order regarding hazardous goods import. The original authority had confiscated the hazardous goods but allowed redemption on payment of fine and penalty, directing re-export to the country of origin. The department argued that allowing clearance would defeat the purpose of regulating hazardous waste entry. However, the advocate for the respondent cited a Tribunal case where similar goods were not considered hazardous waste. Considering the circumstances, the Tribunal decided to list the appeal for hearing on a specific date, granting a stay on the operation of the Commissioner's (Appeals) order until the appeal's disposal.

Issue 3: Appeal (C/3135/2011) Pending
The judgment also mentions another appeal (C/3135/2011) filed by the department on an identical issue pending before the Bench. The Tribunal heard both sides, with the department requesting priority hearing, which was not objected to by the respondent's advocate. Consequently, the appeal (C/3135/2011) was scheduled for final hearing on a specific date.

This comprehensive analysis covers the issues of early hearing of stay petition, stay of operation of the Commissioner's (Appeals) order regarding hazardous goods import, and the pending appeal (C/3135/2011) before the Bench, providing a detailed overview of the Tribunal's decision and considerations in each instance.