2015 (12) TMI 475 - AT - Customs

Waiver of pre deposit - Penalty u/s 114 and 114AA - Held that - entire allegation rests on appreciation of evidence adduced by both the sides which would be analyzed at the time of disposal of Appeal. At this stage, the offer to deposit ₹ 30,000/-(Rupees Thirty Thousand only), considering the financial condition of the Applicant, seems to be reasonable. - Partial stay granted.

Summary

Issues: Application for waiver of pre-deposit of penalty under Sections 114 and 114AA of the Customs Act, 1962.

Analysis:
- The application before the Appellate Tribunal sought waiver of a penalty of &8377; 5.00 Lakhs imposed under Sections 114 and 114AA of the Customs Act, 1962.
- The petitioner's counsel argued that there was a violation of natural justice as no further opportunity was given after the seizure report was submitted, and the request for cross-examination of witnesses was denied. It was contended that they could rebut the evidence relied upon by the Commissioner.
- Despite financial constraints, the petitioner offered to deposit &8377; 30,000 pending the appeal's disposal.
- The Revenue's representative argued that the Commissioner's findings were lawful, justifying the penalty imposition.
- The Tribunal noted that the case hinged on the evidence presented by both parties, which would be assessed during the appeal hearing. Considering the petitioner's financial situation, the offer to deposit &8377; 30,000 was deemed reasonable.
- The Tribunal directed the petitioner to deposit the said amount within eight weeks and report compliance by a specified date. Upon this deposit, the remaining dues would be waived, and recovery stayed during the appeal process.