Customs, Excise and Gold Tribunal - Mumbai
Madhucon Bina Puri J.V., Bsc-Rbm Pati ... vs Commissioner Of Customs on 18 June, 2003
ORDER
S.S. Sekhon, Member (Technical)
1. The issue in these three stay petitions is common. These petitions are therefore, being disposed off by this common order.
2. The appellants had imported Mitsubishi MG-330 Motor Graders. These graders were cleared after due inspection and verification of the documents by the Custom authorities by granting them the benefit of Notification No. 23/98-Cus dtd. 02/06/1998. Later pursuant to an information received by the officer of the Commissioner of Customs (Preventive) Mumbai that the subject Graders have been cleared at nil rate of duty wrongly by describing them as surface dressing equipment and they were not entitled to the exemption, proceedings were initiated and concluded by the Commissioner of Customs, G.N.P.T. who vide the above said order, were confiscated the Graders and imposed redemption fines & demanded duty by denying the benefit of Notification No. 23/98 alongwith interest and imposed penalties. The details of the duties and penalties are as follows:-
(a) In case of M/s. Madhucon Binapuri JV, duty is Rs. 49,35.268/- and penalty of Rs. 49,35,268/- under Section 114A and also a penalty of Rs. 1,00,000/- under Section 112(a)
(b) In case of M/s. BSC-RBM PATI JV, duty is Rs. 33,29,115/- and a penalty of Rs. 33,29,115/- under Section 114A.
(c) In case of M/s. IJM-SCL JV, duty is Rs. 32,27,960/- & penalty of Rs. 32,27,960/- under Section 114A.
3. After hearing both sides and considering the material on record, it is submitted & not controverted by the D.R. for Revenue, that in the case of Madhucon Binapuri JV and amount of Rs. 24,90,743/- alongwith Bank Guarantee has already been deposited and given while in the case of BSC-RBM PATI JV an amount of Rs. 20,49,642/- has been deposited and in the case of M/s. IJM-SCL JV, entire amount has been deposited. Therefore, we find in the facts of this case, no further deposits are required to meet the provision of Section 129E of the Custom Act, 1962. We would, therefore, order the waiver of further deposits, if any, required out of the amounts as determined by the Adjudicator and stay recovery thereof pending the final decision in appeal of these appellants.
(Pronounced in Court)