Customs, Excise and Gold Tribunal - Delhi
M/S. Singla Sales Corporation Pvt. Ltd. ... vs Cc, Amritsar on 17 January, 2001
ORDER
Justice K. Sreedharan
1. In these three appeals, the dispute that has been putforth by appellant is the illegality of the imposition of penalty of Rs. 13 lakhs. Therefore these three case are taken together. According to the learned Counsel representing the appellant, valuation of the good as given by the importer has been accepted by the Adjudicating Authority and consequently a sum of Rs. 52,67,723/- is stated to be refundable by the department. In view of the amount which has now been found refundable to the party, it is argued that appellants may not required to deposit the penalty amount as a condition precedent for maintaining these appeals.
2. We have heard learned DR. According to him the department, is not questioning the correctness of the decision rendered by Adjudicating Authority on the issue of valuation. He also submitted that since the issue of valuation. He also submitted that since the issue on valuation has been decided by the Adjudicating Authority in favour of the importer, he is entitled to a refund of Rs. 52,67,723/-. But according to him, the claim of refund has to processed by the department and then only the actual amount can be considered to be due to the party.
3. As the things stand today, in the light of the order of the Adjudicating accepting valuation, appellants are now found entitled to a refund of Rs. 52, lakhs and odd. Out of that amount, a sum of Rs. 13 lakhs imposed on them as penalty as per the orders impugned in these appeals would be retained by the department, till the disposal of these appeals.
4. Since amount belonging to the appellants is with the department and out of that the department is given right to certain Rs. 13 lakhs, no further deposit is to be made by the appellants for entertaining these appeals. Stay petitions are ordered accordingly.
(Pronounced & dictated in the open Court.)