2000 (7) TMI 350 - AT - Customs

Summary

Issues:
1. Restoration of appeal and consideration of modification application.
2. Dismissal of appeal for non-compliance.
3. Modification application for stay order and waiver of pre-deposit of penalty.

Issue 1: Restoration of appeal and consideration of modification application
The appellant's counsel argued for the restoration of the appeal (No. C/56/99-NB) and consideration of a modification application for a stay order. The counsel contended that the modification application was filed before the reporting compliance date, requesting an adjournment due to the pending modification application. However, the modification application was not considered, leading to the dismissal of the appeal for non-compliance. The appellant requested the appeal to be restored, and the modification application to be reviewed.

Issue 2: Dismissal of appeal for non-compliance
The respondent's representative argued that the appeal was rightly dismissed for non-compliance as the modification application was not presented to the Bench during the reporting compliance date. The registry failed to bring the modification application before the Bench, resulting in the dismissal of the appeal. However, the appellant's counsel highlighted that the modification application was filed before the compliance date, questioning the dismissal for non-compliance.

Issue 3: Modification application for stay order and waiver of pre-deposit of penalty
The appellant's counsel emphasized the applicant's financial constraints and lack of assets to make the penalty payment. It was argued that the appellant's role in the alleged smuggling activity was unclear, warranting a modification of the stay order and a waiver of the pre-deposit of penalty. The respondent argued that the issues raised were previously considered during the stay petition, and since the penalty was not deposited on time, full payment was necessary for further appeal consideration.

In the final judgment, the Tribunal noted the procedural errors in not presenting the modification application before the Bench and acknowledged the appellant's financial situation. The appeal was restored, and the appellant was given a two-month extension to deposit the full penalty amount for further appeal consideration. The modification application was rejected due to the lack of new information and the non-compliance with the penalty deposit deadline.