9911796707
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Issues:
- Waiver of pre-deposit of penalty under Section 112(a) of the Customs Act, 1962. - Confiscation of goods and imposition of redemption fine. - Imposition of penalty under Section 112(a) of the Customs Act, 1962. - Legality of imposing redemption fine and penalty on re-exported goods. - Commissioner's findings on mis-declaration and evasion of customs duty. - Appellant's contention regarding abandonment of goods and lack of intent to evade duty. - Interpretation of Section 23(2) of the Customs Act, 1962. - Granting of stay petition without pre-deposit of penalty. Analysis: 1. The case involves a stay petition seeking a waiver of the pre-deposit condition of a penalty of Rs. 3 crore imposed on the appellants under Section 112(a) of the Customs Act, 1962. The Commissioner had confiscated a consignment of goods, offering redemption on payment of a fine of Rs. 5 crore, along with an option to clear for home consumption on payment of Customs duty. A penalty of Rs. 3 crore was also imposed on the appellants independently of the redemption decision. 2. The appellant contested the impugned order, arguing that the adjudicating authority lacks the power to impose redemption fines or penalties on goods allowed for re-export. Citing relevant case law, the appellant claimed that imported goods allowed for re-export cannot be subject to confiscation or additional fines, as per Section 125(1) of the Customs Act, 1962. 3. The appellant further contended that they had not intended to mis-declare goods or evade customs duty. They argued that they had ordered Information Technology Software, as evidenced by documents, and only abandoned the goods upon discovering they were not as ordered. The appellant emphasized their lack of access to inspect the goods and their prompt actions upon realizing the discrepancy. 4. The Commissioner's findings on the appellant's decision to abandon the goods and alleged intent to evade duty were challenged as legally untenable. The appellant asserted that their actions were in compliance with Section 23(2) of the Customs Act, 1962, and that the decision to abandon the goods was based on factual circumstances and not an attempt to evade duty. 5. After hearing both sides and considering relevant case law, the Tribunal granted the stay petition unconditionally, dispensing with the pre-deposit of the penalty. The Tribunal held that imposing redemption fines and penalties on re-exported goods is not warranted or legally tenable, citing previous judgments and the appellant's prima facie case for stay. 6. Ultimately, the Tribunal allowed the stay petition, emphasizing the appellant's case for waiver and noting that the goods in question remained in the custody of the Customs authorities.
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