2003 (12) TMI 238 - AT - Customs

Summary

Issues:
1. Modification of pre-deposit order
2. Control of goods after confiscation by customs authorities
3. Interpretation of Section 129E of the Customs Act, 1962
4. Waiver of pre-deposit of penalty

Issue 1: Modification of pre-deposit order
The applicants sought modification of the pre-deposit order which directed the payment of duty and penalty. The Tribunal extended the period for pre-deposit by one month. Subsequently, the matter was taken to the High Court, which set aside the Tribunal's stay order and remanded the case for re-hearing and decision under Section 129E of the Customs Act, 1962.

Issue 2: Control of goods after confiscation by customs authorities
The Tribunal analyzed the control of goods post-confiscation by the Commissioner of Customs. It was noted that although physically the goods were in the possession of the applicants in their hospital, the title to the goods had shifted to the government. The Tribunal held that since the goods were under customs control, the duty payment would only be required at the time of clearance, not immediately after confiscation.

Issue 3: Interpretation of Section 129E of the Customs Act, 1962
In interpreting Section 129E of the Customs Act, 1962, the Tribunal concluded that the duty payment obligation arises only when the goods are to be cleared. Therefore, the requirement for pre-deposit of duty did not apply at the current stage. The focus was solely on the waiver of pre-deposit of penalty, not duty, given the customs control over the imported item.

Issue 4: Waiver of pre-deposit of penalty
Considering that the imported item was under customs control and the applicants had apparently complied with the conditions of the Notification by providing free treatment to the specified percentage of patients, the Tribunal waived the pre-deposit of the penalty of Rs. 5,000. The recovery of the penalty was stayed pending the appeal, acknowledging the prima facie compliance with the Notification conditions.

The judgment delves into the modification of pre-deposit orders, the control of goods post-confiscation by customs authorities, the interpretation of Section 129E of the Customs Act, 1962, and the waiver of pre-deposit of penalty based on compliance with specified conditions. The Tribunal's decision centered on the shifting title of goods to the government post-confiscation and the obligation for duty payment only upon clearance, not immediately after confiscation.