Judgment:
1. The above applications for waiver of pre-deposit arise out of the order of the Commissioner of Customs, ACC, Chennai who has enhanced the value of "SKINA" brand 35 mm Still Cameras imported by M/s. Sunder Brothers at Rs. 33,44,784/- as against the declared value of Rs. 15,70,567/- for the purpose of assessment and confirmed the duty demand of Rs. 11,98,661/- on the assessable value as held by the department, and has imposed penalty of amount equal to the duty amount on the importer who is a partnership firm and Rs. 3.5 lakhs on Shri Moti G.Bhatia, the partner.
2. On hearing both the sides, we find that the charge of under valuation is based upon the evidence on record which could be considered in detail only when the appeals are taken up for final hearing and not at this stage. Since prima facie case for total waiver has not been made out and having regard to the fact that Rs. 22,50,578/- has been paid by the importer during the course of investigation, we direct pre-deposit of a further sum of Rs. 1,00,000/- (Rupees One lakh only) toward penalty by the applicant company and a sum of Rs. 20,000/- (Rupees twenty thousand only) by the partner Shri Moti G. Bhatia. Time for pre-deposit is six weeks from today. On such deposit, the requirement of pre-deposit of balance penalty amounts shall stand waived and recovery thereof stayed pending these appeals.
Failure to comply with this direction shall result in vacation of stay and dismissal of appeals without prior notice.