Home Case Index All Cases Customs Customs + AT Customs - 2014 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 66 - AT - CustomsImport of rig - whether the appellants have not fulfilled the conditions of Notification 21/2002, Sr. No. 230 which requires them to use the imported rig for construction of road only - Held that:- rig was used only for testing after overhauling and servicing, we consider that it would be unfair to hold that the conditions of Notification have been violated. Therefore, appellant have made out a prima facie case in their favour and accordingly, pre-deposit is not required. In view of the above, we waive the requirement of pre-deposit of duty and penalties and grant stay against recovery of the same during the pendency of the appeal - If they are not able to get the rig the violation of the condition of the Notification will continue and the rig will lie idle. On request, the rig has been released on bank guarantee of Rs. 19 lakhs for full value. He assured that they would keep the bank guarantee alive. We find the bank guarantee sufficient. The appellant may be allowed to use the rig during the pendency of the appeal on the condition that the bank guarantee is kept alive - Stay granted.
|