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2014 (6) TMI 480 - AT - CustomsWaiver of pre deposit - Penalty u/s 114 - export of Muriate of Potash (MOP) of fertilizer - mis-declaring the goods as OWC (drilling chemical additive) - reconsideration of stay order as per the direction of high court - held that:- Prima facie, the goods attempted to be exported were MOP as exhibited by report of two laboratories and other material facts and evidence on record. The offending goods were notified to be prohibited goods Goods defined to be prohibited under section 2 (33) of the Customs Act 1962 were when attempted to be exported, that renders such goods to be confiscated absolutely. Appellant had failed to satisfy the investigation as to whether it had procured OWC from the seller. Two testing laboratories opined against appellant exhibiting the goods attempted to be exported were MOP. While interest of farmers has suffered, Exchequer has also suffered. Added to that, interest of the economy has also suffered. While financial hardship is plea of appellant in one hand, protection of interest of Revenue is of paramount importance on the other. - it may be said that the appellant causing serious prejudice to Revenue making attempt to export MOP, does not appear to unduly suffer by present predeposit order. - appellant to make pre-deposit ₹ 20.00 Lakhs (Rupees twenty lakhs) as against earlier order for making pre-deposit of ₹ 25.00 lakhs - stay granted partly.
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