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TMI Blog2013 (3) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... or exemption regarding condition of pre-deposit and accordingly considered it appropriate to review the customs duty to be deposited at the stage for maintaining the appeal and observed that rest of the duty and penalty & other charges levied by the assessing authority shall remain stayed and be looked into at the time of hearing. After going through the order impugned of the learned Tribunal, no manifest error being committed while passing order impugned exercising discretion which may require interference by this Court under its limited scope of judicial review U/Art.226 & 227 of the Constitution. - Civil Writ Petition No.19943/2012 - - - Dated:- 26-2-2013 - Ajay Rastogi And Veerendr Singh Siradhana,JJ. Mr. Sameer Jain, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms duty. However, the served a show cause notice dt.22.10.2008 demanding amount of approx.Rs.2.06 crores towards customs duty for violation of condition of notification 53/97 customs .03.06.1997 and after the opportunity being afforded, the assessing authority passed order on 22.11.2011 U/s 28(1) of the Customs Act in terms of notification-53/97 dt.03.06.1997 and of customs duty amounting to .2,05,59,822/- was ordered to be recovered along with interest in terms of Sec.28AB of the Customs Act,1962 and apart from it, further sum of Rs.25,00,000/- shall be liable to pay in terms of Sec.125 of the Act and also imposed penalty U/s 112(a) of the Customs Act,1962, of the same amount to be recovered from the assessee petitioner herein. Aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in detail in para-6 of the order that a person who indulges in such operation makes sure that the profits earned or not reflected in the balance sheet and the Tribunal was of the view that he also will operate with hardly any assets making it easy for doing the vanishing trick and he has already achieved his plan substantially, a full waiver of pre-deposit will only help him to achieve his plan to the full end smoothly as prayed for, even the financial statements placed by the petitioner on record didn't convince the Tribunal and the Tribunal was of the view that any further relaxation, if given, in making the pre-deposit will be detrimental to the interest of revenue and all the paramount considerations were kept in view and taking note ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the instant case, the Tribunal after taking note of the financial status of the petitioner company which was given at the stage when rectification application was filed and also taking note of the submissions made the Tribunal was of the view that the appellant requires no indulgence for exemption regarding condition of pre-deposit and accordingly considered it appropriate to review the customs duty to be deposited at the stage for maintaining the appeal and observed that rest of the duty and penalty other charges levied by the assessing authority shall remain stayed and be looked into at the time of hearing. After going through the order impugned of the learned Tribunal, we do not find that there is at all any manifest error being ..... X X X X Extracts X X X X X X X X Extracts X X X X
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