Customs, Excise and Gold Tribunal - Calcutta
Kapildeo Prasad, Awadesh Kr. Thakur, ... vs Commissioner Of Customs (P), Patna on 9 November, 2001
JUDGMENT
S.S.Sekhon
1. 16 pieces of gold biscuits with foreign markings have been ordered to be confiscated under the provisions of the Customs Act and the truck in which the said goods were detected was ordered to be confiscated and released on payment of redemption fine of Rs. 40,000/- (rupees forty thousand) under section 115(2) of Customs Act, 1962. Personal penalties under section 112D were imposed as follows:-
(1)Sh.Awadhesh Kr.Thakur - Rs. 10,000/- (2)Sh.Kapildeo Prasad - Rs. 50,000/- (3)Sh.Vijay Kumar - Rs. 20,000/- (4)Sh.Brij Kishore Parit - Rs. 1,000/-
2. The appellants before us except M/s. Chauhan Zewares Pvt.Ltd. have filed an application for stay and waiver of penalty amounts as imposed and before their appeals are heard.
3. We have heard Shri B.N.Chattopadhyay, ld.consultant for the appellants and Shri A.K.Mondal, ld.JDR for the Revenue. Form the facts of the case as recorded int he impugned order it appears that prima facie the appellants should be placed to certain terms. We would therefore consider the following deposits to be adequate to meet the condition of predeposit for hearing of their appeals.
(1)Sh.Awadhesh Kr.Thakur - Rs. 5,000/- (2)Sh.Kapildeo Prasad - Rs. 25,000/- (3)Sh.Vijay Kumar - Rs. 10,000/- (4)Sh.Brij Kishore Parit - Rs. 500/-
4. On such a deposit being made within a period six weeks and compliance thereof being reported on 27.12.2001. The matter shall be taken up for final hearing. Recovery of further penalties stayed if the predeposit is made.
Dictated in the court.
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