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Issues: Stay applications for dispensing with pre-deposit of duty and penalty, debatable issues regarding demand under Customs Act, classification of goods, time limitation, redemption of goods, applicability of Section 125(2) of the Customs Act.
The judgment by the Appellate Tribunal CEGAT, New Delhi involved two stay applications where the Appellants sought dispensation with pre-deposit of duty and penalty. The issue revolved around the debatable nature of the demand under the Customs Act. The Appellants argued that the demand should have been raised under Section 28(1) due to the clearance of goods with payment of duty, and the Show Cause Notice being time-barred as it was issued beyond six months. They contended that the price apportionment of software diskettes and manuals was a common practice, and the demand should not be under Section 125 of the Customs Act. Conversely, the Respondent argued that as the goods were redeemed on payment of a fine, duty was rightly demanded under Section 125(2) of the Customs Act. Upon careful consideration, the Tribunal found the issues to be debatable, necessitating a detailed examination of the records. The Appellants were directed to deposit the entire duty amount but were exempted from making a fresh deposit due to an existing Bank Guarantee. The Tribunal held that no refund claim should be made during the appeal's pendency. Additionally, the pre-deposit and recovery of penalties were stayed until the appeal's finalization. The Tribunal disposed of the stay petitions accordingly, maintaining the status quo on the penalty amounts. In conclusion, the judgment addressed the complexities surrounding the demand under the Customs Act, the classification of goods, time limitations, and the implications of redemption on duty imposition. The decision provided clarity on the pre-deposit requirements and the stay on penalty recovery pending the appeal's conclusion, ensuring fairness and procedural adherence in the legal proceedings.
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