9911796707
TMI Blog2013 (3) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... e competent authority, the petitioner company started commercial production w.e.f.09.03.2001 and during the said period the petitioner company imported mixed metal scrap which was processed/segregated, out of which recycled copper scrap/bras crap/iron scrap etc. was extracted and bills of entry were imported under notification-53/97-customs dt.03.06.1997. As has been further alleged in the writ petition that the unit was entitled to seek exemption from import of inputs subject to fulfillment of the conditions of notification wherein the requirement was to export the goods in lieu of foreign currency and if permitted to sell the goods not appropriate for export in the Domestic Tariff Area (DTA) on payment of duty. In disobedience of LOP made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng exemption from pre-deposit U/s 129E of the Customs Act,1962. The learned Tribunal examined the application seeking exemption from condition of pre-deposit and taking note of the material which came on record, in para-18 of its order observed that if the petitioner complies with the pre-condition of depositing Rs.1.25 Crores within eight weeks from the date of order as a pre-condition for admission of appeal, there shall be a waiver of balance dues arising from the impugned order and stay on collection of such dues. As it Reveals from the record that petitioner company filed rectification application primarily on the premise that the goods which were cleared into DTA as observed by the Tribunal on payment of concessional rate of duty th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvation made by the Tribunal that what is being contended by the petitioner could be looked into at the time of final hearing of the matter, according to him, was required to be considered by the Tribunal at the stage when application filed by him was being considered and that is apparent error which the Tribunal committed in passing of order impugned. The submission made is wholly bereft of merit for the reason that the Tribunal was supposed to look into in totality taking note of the financial status of the petitioner and so also the ancillary facts that what is being reflected from prima facie look of the order impugned. However, what is being deposited in complying with the condition of pre-deposit is always subject to outcome of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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