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1988 (7) TMI 140 - AT - Central Excise
Issues:
Stay applications under Section 129-E of the Customs Act, 1962 for release of goods without payment of redemption fine and customs duty. Analysis: The applicants filed three appeals and three stay applications arising from a consolidated order-in-original. The advocate for the applicants argued that they have a strong case on merits and financial instability. On the other hand, the departmental representative contended that no stay application lies under Section 129-E of the Customs Act as the goods are under customs control. The tribunal examined Section 129-E, which requires depositing duty or penalty pending appeal, and noted that it applies to goods not under customs control or penalties levied. Since the goods were under customs control, the tribunal found Section 129-E inapplicable for releasing goods without payment. The tribunal reviewed the fine, duty, and penalty amounts for each applicant, emphasizing the distinction between redemption fine, duty, and penalty. The tribunal clarified that Section 129-E must be read in two parts and pointed out this to the departmental representative. The representative agreed to consider redemption fine and duty separately from the penalty. The tribunal decided not to exercise inherent powers to grant stay for redemption fine and duty payment, rejecting the applicants' prayer. However, considering the undue hardship, the tribunal dispensed with the predeposit of the penalty amounts for the applicants, setting specific deposit amounts and timelines for compliance. Failure to comply would result in consequences as per the order. Additionally, the advocate made an alternative prayer for early hearing due to goods' detention. The tribunal acknowledged the justification for early hearing post-compliance with the order terms. The applicants were directed to seek early hearing after fulfilling the order requirements. Ultimately, the tribunal partly allowed the stay applications, providing specific directions and conditions for compliance.
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