2006 (12) TMI 345 - AT - Customs

Summary

Issues:
1. Waiver of pre-deposit and stay of recovery sought for duty demanded on re-imported transformer.
2. Interpretation of conditions under Notification No. 158/95-Cus for re-export timeline.
3. Challenge on grounds of limitation for duty demand.
4. Prima facie case analysis on merits and limitation.
5. Direction for further pre-deposit amount and compliance deadline.

Analysis:
1. The case involved an application seeking waiver of pre-deposit and stay of recovery for duty amount demanded on a transformer re-imported under a specific Notification. The duty of Rs. 26,89,817 was imposed as the re-export of the transformer exceeded the allowed period of twelve months from the date of importation, as per the conditions of Notification No. 158/95-Cus.

2. The tribunal analyzed the conditions of the Notification, emphasizing the mandatory nature of the requirement for re-export within the prescribed period of six months, extendable by another six months by the Commissioner. The tribunal rejected the argument that the requirement for re-export within the initial six months was procedural, stating that the condition was substantive and had to be fulfilled within the specified timeline.

3. The challenge on the grounds of limitation for the duty demand was also addressed. The party argued that the show cause notice did not invoke the extended period of limitation, while the department justified this based on the bond executed by the party. The tribunal found no prima facie case on the ground of limitation, noting that the bond's extension did not negate the department's right to demand duty under Section 28.

4. Despite not finding a prima facie case on merits or limitation, the tribunal considered the partial deposit made by the appellants and directed them to pre-deposit a further amount of Rs. 6 lakhs within a specified timeline. The tribunal adopted a lenient approach, allowing for waiver of pre-deposit and stay of recovery for the balance amount upon due compliance with the directive.

5. The judgment concluded with the direction for the additional pre-deposit amount and set a compliance deadline, indicating that waiver of pre-deposit and stay of recovery would be granted for the remaining duty amount upon satisfactory compliance.