Judgment:
1. These stay applications are being disposed of by this common order as they arise out from the same order.
2. M/s. Apart Limited hereinafter referred to as "the company" imported four consignments and presented the following DEPB Licences duly transferred in their favour for clearance of the goods:- The company also imported further consignment which were also sought clearance against transferable DEPB's. The DEPB's were purchased by the company in the normal course of business for a of consideration.
Through one Mr. Kirit Kamdar (since deceased) who was introduced to them by one Mr. Kishore Advani, a regular supplier of goods known to the company. The payments for the purchase were made by the pay orders/cheques.
4. Directorate of Revenue Intelligence officers, working out an information, that certain DEPB licences were forged and fabricated documents, conducted enquiries. A show cause notice dtd.31/05/1999 was issued, inter alia to the company its Director and two other employees, who are the appellant herein. The notice alleged certain omission on the part of the appellants herein which alleged to have render the imported goods liable for confiscation under Section 111d of the Custom Act and consequently penalties under the provision of said act. the Commissioner after considering the replies of the appellants and the material on record confirmed a duty of Rs. 72,45,465/- on the goods imported what was required to be paid by M/s. Apar Ltd. company alongwith interest. He also imposed redemption fine and penalties under Section 114A amounting to Rs. 72,45,465/- on the company and on Director, Shri K.N. Desai, Shri R.J. Awasthi and Shri C. Pinto to the employees penalties under provision of Section 112A of the Custom Act of Rs. 5, 3 & 2 Lakhs respectively.
5. After hearing the learned Sr. Advocate and the D.R. and considering the matter, it is found that the amount of duty involved in the present case has since being paid by the appellants was deposit earlier. This facts emerges from the impugned order itself which orders the adjustment of the deposit of Rs. 72,45,465/- made by M/s. Apar Ltd. Bombay towards liability of duty, interest, fine and penalty as imposed. Considering the pleas raised and the facts of that the appellants are only the transferee of the alleged fabricated/forged DEPBs, who obtained the same on valuable consideration, we would consider that the amount of Rs. 72,45,465/- already paid towards duty would be sufficient compliance of the requirements of Section 129E of the Custom Act in the case of the appellants now before us and we would order dispensing with further depots required in these cases, now being disposed off by this order for the purpose of hearing the appellants.
We stay recovery of the remaining amounts pending the appeals.
6. The appeals should be listed for hearing in due course. Stay applications disposed off in above terms.