Customs, Excise and Gold Tribunal - Mumbai
Krina Agencies vs Commissioner Of Customs, Sheva, Raigad on 10 October, 2001
JUDGMENT Jyoti Balasundaram, Member (J)
1. The applicants seek waiver of predeposit and stay of recovery of penalty of Rs. 10.5 lakhs imposed in respect of imports of Rough Marble Blocks under two bills of entry on the ground that import was not permissible without Special Import Licence which the applicants did not. On hearing both sides and nothing that admittedly import of marble required SIL after 1.4.2001 (imports in the present case were subsequent to that date) and also noting that valuation of the imported goods has not been challenged in the appeal filed before us, we direct predeposit of Rs. 2 lakhs towards the penalty within a period of four weeks from today and on such deposit predeposit balance duty and the penalties shall stand waived and recovery therefore stayed pending the appeal.
2. Failure to comply with this direction shall result in vacation of stay and dismissal of appeal without further notice.
3. Compliance to be reported in 22.11.2001.
4. The Miscellaneous application for early hearing stands adjourned.
(Pronounced in Court)