2007 (3) TMI 611

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..... P.G. Chacko, Member (J)]. These applications seek waiver of pre-deposit and stay of recovery in respect of the amounts of penalty imposed on the applicants under Section 112 of the Customs Act. 2. After examining the records and hearing both sides, we find that the second-hand machinery imported by the applicants has been cleared on payment of duty on enhanced value. The adjudicating auth .....

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..... the Apex Court, whereby the correctness and finality of the High Court s judgment are in jeopardy. Nobody has claimed that any appeal against the AP and Calcutta High Courts decisions has been admitted by the Apex Court. Hence those decisions, which are in favour of the present applicants, have not been jeopardized. In this scenario, the case law is overwhelmingly in favour of the applicant at p .....

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