2015 (7) TMI 260 - AT - Customs

Waiver of pre deposit - Demand of differential duty - Held that - First, this bench on in the case of Mohit Minerals Pvt. Ltd, has taken a view that once the issue has been referred to a Larger Bench, as a convention of waiver of pre-deposit of amount involved needs to be allowed and secondly, the bench presided over by the Hon ble President of CESTAT in Hyderabad in the case of NSL Sugars Ltd., has also noted the matter has been referred to Larger Bench and stay has been granted. We find that when the matter was referred to Larger Bench, the referral Bench has granted stay and then referred the issue to the Larger Bench, which we need to follow. Since the issue of demand of differential customs duty on the coal imported as to whether bituminous coal or steam coal has been referred to Larger Bench, we allow the application for waiver of pre-deposit of amount involved and stay recovery thereof till the disposal of the appeal. - Stay granted.

Summary

Issues:
1. Early hearing applications for out of turn hearing of stay petitions.
2. Differential customs duty liability on importers who imported coal.
3. Whether pre-deposit of amount involved should be allowed in the case.

Issue 1: Early hearing applications for out of turn hearing of stay petitions
The judgment addresses the applications filed by the applicants for early hearing of the stay petitions. The bench notes that since the stay petitions were already listed for the day, the applications for early hearing are disposed of as infructuous. It is highlighted that none appeared on behalf of the applicants when the stay petitions were called out.

Issue 2: Differential customs duty liability on importers who imported coal
The judgment discusses the issue of differential customs duty liability on importers who had imported coal. The bench mentions that this issue has been previously considered by the bench, and in one case, a direction was given for pre-deposit of an amount. The learned Special Counsel argues that the matter is challenged in the Hon'ble High Court, and therefore, should be kept pending. However, the bench disagrees with this argument citing precedents. It refers to a case where waiver of pre-deposit was allowed once the issue was referred to a Larger Bench. The bench also notes another case where stay was granted by a bench presided over by the Hon'ble President of CESTAT. Consequently, the bench decides to allow the application for waiver of pre-deposit of the amount involved and stay recovery until the appeal is disposed of by the Larger Bench.

Issue 3: Whether pre-deposit of amount involved should be allowed in the case
In analyzing whether pre-deposit of the amount involved should be allowed in the case, the judgment emphasizes the decisions made in previous cases. It mentions that once an issue has been referred to a Larger Bench, a convention of waiver of pre-deposit of the amount involved needs to be allowed. The bench also considers the stay granted by a referral bench before referring the issue to the Larger Bench. In this context, the bench decides to allow the waiver of pre-deposit and stay recovery until the appeal is resolved by the Larger Bench. Both parties are granted the liberty to mention the matter when the Larger Bench reaches a conclusion on the issue.

This judgment from the Appellate Tribunal CESTAT Mumbai addresses the early hearing applications for stay petitions, the issue of differential customs duty liability on imported coal, and the decision regarding the pre-deposit of the amount involved in the case. The bench provides a detailed analysis of the arguments presented, refers to relevant precedents, and ultimately decides to allow the waiver of pre-deposit and stay recovery until the appeal is resolved by the Larger Bench.