Customs, Excise and Gold Tribunal - Bangalore
Ms. Dencap Electronics (P) Ltd. And C/O ... vs The Commissioner Of Central Excise & ... on 13 June, 2001
Equivalent citations: 2002(145)ELT672(TRI-BANG)
ORDER
Shri S.S. Sekhon
1. Appellants are, a company and one of the Director's, have filed these appeals against the order of the Commissioner, confirming duty demand of Rs. 9,59,,088/- under section 28(1) of the Customs Act 1962, interest and penalty of equal amount under section 114 (A) of the Customs Act 1962 on the company and Rs. 2,25,000/- on Shri. Rajiv Sarda (Appellant No. 2) Director of the company under section 112 of Customs Act 1962 for having wrongly classified the said goods.
2. The Commissioner found that the importer was not eligible for benefit and S.No. 50 of notification number 13/97 as declared and benefit was claimed on incorrect classification.
3. We have heard both sides, Learned DR has no objection to appeal being kept at Bangalore. The miscellaneous application are taken up for decision first, and on finding that the Director, appellant, Shri. Rajiv Sarda has produced a Ration Card showing his residence in Bangalore, the miscellaneous applications are granted in terms of CEGAT, PN NO.01/2001.
4. The stay applications are there after considered. We find the learned Advocate has mainly relied upon the eligibility of classification and benefit under S.No. 50 of notification 13-97 and the financial position of the company. The learned SDR has submitted that the benefit of the notification availed and granted on misdeclaration has been rightly denied by the learned Commissioner. Considering the issues we find, the eligibility of the notification has to be decided at the final hearing. The ends of justice as regards pre deposit for hearing the appeal, will be served if the appellants company is directed to pre deposit a sum of Rs. 5 lakhs and on such a pre deposit being made by 31/8/2001 and compliance reported on 3/9/2001, further recovery is stayed.
5. Miscellaneous application and stay applications disposed off in above terms.
(Pronounced in open court on 13/6/2001.)