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2012 (3) TMI 272 - AT - CustomsWaiver of predeposit of duty,interest and penalty and stay of the impugned order -the impugned goods imported namely urea, under the licence issued by the DGFT was required to be taken into the appellants-factory for manufacture of NPK Fertilizer and the same was packed and sold to authorized dealers to be used as manure for agricultural use by the farmers at the consumer price fixed by the Government in accordance with the provisions of Essential Commodities Act - the assessee contented that when the expression used in the notification 11/97, 23/98 and 20/99 is "for use as manure" and the urea has been sold under the Fertilizer Control Order, it has to be assumed that the urea was for use as manure and the exemption has to be allowed, in view of the affidavit filed by the appellants - Held that :- the customs duty exemption states that the same is not linked to the import condition of actual use as the relevant customs notifications provided for no conditions hence, order to waiver of predeposit of the duty and interest amounts during the pendency of the appeal - the appellants have definitely violated the conditions of import license hence the appellants need to predeposit Rs.5,00,000/- towards penalty within four weeks from the date of order and report compliance .
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