9911796707
TMI Blog2005 (3) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... . Saxena, JDR, for the Respondent. [Order per : T. Anjaneyulu, Member (J)]. These applications are filed for stay for grant of waiver of pre-deposit and stay its recovery under Section 129E of the Customs Act, 1962, by the appellants. 2. On intelligence, the Officers of Customs Division, Surat, seized truck No. GJ-5U-3234 with 8786 Kgs. of imported Polyester Yarn valued at Rs. 7,02,880 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to confiscation under the Customs Act, 1962. 3. Show cause notices dated 18-3-2002 were issued to the appellant-company and others. 4. The adjudicating authority vide his Order-in-Original dated 8-9-2003 ordered for confiscation of the seized goods and imposed redemption fine of Rs. 50,000/- under Section 125 of the Act as the goods had been released provisionally. He confirmed demand of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and Director of M/s. Goyal Synthetics Pvt. Ltd., Shri Rajesh Shrikishanji Goyal, are also upheld. The penalty imposed on the owner of the vehicle is also upheld. Further, the Commissioner of Customs (Appeals) set aside the demand and confirmation of duty under Section 28(1), read with Section 72 of the Act by the officers attached to Commissioner, Customs, Ahmedabad, in respect of the goods clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penal provisions cannot survive and confiscation of goods, which is penal in nature, cannot be upheld under Section 11AC of the Central Excise Act, 1944, read with Rule 173Q of the Central Excise Rules, 1944. 8. Following the principles held in the aforesaid decisions, we are of the view that the appellants have made out a strong prima facie case and are entitled for waiver of pre-deposit amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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