Rahul Associates Vs. Commissioner of Customs - Court Judgment |
| Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai |
| Sep-07-2001 |
| Rahul Associates |
| Commissioner of Customs |
1. application for waiver of pre-deposit of rs. 2 lakhs imposed on the ground of undervaluation of various electronic goods such as integrated circuits, transistors, etc., is argued before us. the submission of the learned counsel is that the charge of undervaluation is based on statement of the importers which have been subsequently retracted. he further submits that a sum of rs. 4 lakhs has already been paid and that has been noted in the commissioner's final order confiscating the goods and the confiscated goods are still in the custody of customs. he therefore submits that no further deposit is called for. the prayer is opposed by the learned dr who reiterates the findings of the adjudicating authority.2. in view of the fact that the goods confiscated are still with the department and a sum of rs. 4 lakhs has already been deposited by the applicant, we therefore hold no further deposit is called for and dispense with the pre-deposit of penalty and stay recovery thereof pending the appeal.
1. Application for waiver of pre-deposit of Rs. 2 lakhs imposed on the ground of undervaluation of various electronic goods such as integrated circuits, transistors, etc., is argued before us. The submission of the learned counsel is that the charge of undervaluation is based on statement of the importers which have been subsequently retracted. He further submits that a sum of Rs. 4 lakhs has already been paid and that has been noted in the Commissioner's final order confiscating the goods and the confiscated goods are still in the custody of Customs. He therefore submits that no further deposit is called for. The prayer is opposed by the learned DR who reiterates the findings of the adjudicating authority.
2. In view of the fact that the goods confiscated are still with the department and a sum of Rs. 4 lakhs has already been deposited by the applicant, we therefore hold no further deposit is called for and dispense with the pre-deposit of penalty and stay recovery thereof pending the appeal.