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2013 (8) TMI 395 - CESTAT MUMBAIWaiver of pre deposit of penalty u/s 114A and 114AA– redemption fine u/s 125 - stay application – Held that:- The SRFR products were imported to meet warranty obligations and were not meant for resale - all the expenses incurred by the assessee for import of products were reimbursed by the supplier - These reimbursements were in addition to the "funding discount" claimed on SRFR imports - "funding discount" was applicable only to complete products meant for resale and not permissible in respect of SRFR products which were not meant for resale - against the demand of duty in respect of SRFR products HP (India) had not made out a prima facie case - HP (India) misdeclared the value of the goods and also suppressed vital facts with intent to evade payment of appropriate duty of customs - the extended period of limitation had been rightly invoked in this case – 120 crores were asked to be submitted as pre deposit – after such submission rest of the pre deposit was ordered to be waived – decided partly in favour of assessee.
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