2015 (11) TMI 309 - SCH - Customs

Waiver of pre deposit - Misdeclaration of goods - export of Muriate of Potash (MOP) of fertilizer grade as Oil Well Chemical (drilling chemical additive) - Smuggling of goods in violation of the relevant notification of the DGFT - appellant failed to establish that it had procured the goods from a seller - Supreme Court dismissed the appeal filed by the assessee however, granted another 8 weeks time to comply with the Tribunal s order. The appeal was filed against the decision of High Court 2014 (8) TMI 736 - ALLAHABAD HIGH COURT ; wherein High Court held that Tribunal has furnished cogent reasons and also dealt with the issue of financial hardship. On the balance, the Tribunal has directed a deposit of ₹ 20.00 lacs. The impugned order of the Tribunal does not suffer from any perversity nor does the appeal raise any substantial question of law. However, the time for depositing ₹ 20.00 lacs granted by the Tribunal is extended by a further period of four weeks.

Summary

The Supreme Court dismissed the case but granted an additional eight weeks to comply with orders from the Customs, Excise, and Service Tax Appellate Tribunal.