1998 (10) TMI 333 - Commissioner - Customs

Summary

Issues:
Appeal against confiscation and penalty - Seized silver slabs - Stay petitions for pre-deposit - Discrepancies in seizure documents - Failure to satisfy conditions under Section 110 of Customs Act, 1962 - Financial capacity of appellants for pre-deposit.

Analysis:
The judgment pertains to appeals filed against an Order of Adjudication confiscating silver slabs and imposing penalties. The appellants sought dispensation with pre-deposit of the penalties pending appeal. During a personal hearing on the stay petitions, the appellants presented written and oral submissions, supported by documents and case laws. The primary argument put forth by one of the appellants was that the seized silver was of Indian origin, supported by submitted documents, and that the firm had been incurring losses due to the prolonged custody of the goods by Customs authorities. The appellant also raised concerns about discrepancies in the seizure documents, questioning the timing and authenticity of the seizure. Additionally, it was contended that the conditions stipulated under Section 110 of the Customs Act, 1962, were not satisfied during the seizure, as the seizing officer allegedly failed to have a reasonable belief that the goods were contraband. The absence of foreign markings on the silver slabs and the lack of evidential proof supporting the foreign origin of the silver were also highlighted.

Regarding the financial capacity of the appellants to make pre-deposits, it was argued that the employees, who were also appellants, had minimal monthly salaries with no other sources of funds, as evidenced by certificates from the Gram Panchayat Office. After considering the facts and circumstances of the case, including the financial aspects of the appellants, the Commissioner decided to waive the pre-deposit of the personal penalties for all three applicants in full. The order allowed the appeal cases to proceed to be heard on merit, with a clarification that the decision on pre-deposit should not be construed as an opinion on the appeal's merits. The stay petitions were thus disposed of, and a date for a personal hearing on the appeals' merits was to be communicated later.