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2014 (12) TMI 312 - HC - CustomsWaiver of pre deposit - Tribunal asked the CHA to pre deposit of 50 Lacs - Held that - appellant was a Customs House Clearing Agent and his licence has been suspended for last four years. It was further submitted that the appellant being a Customs House Clearing Agent and not the importer he was not in a position to pay Rs. 50 lacs which was directed to be paid as a pre-deposit. We further observe that as per the order impugned before the tribunal the appellant has been assessed and asked to pay customs duty of Rs. 67, 29, 000/- and penalty of similar amount has been imposed on him. Pursuant to the last order the appellant has deposited Rs. 10 lacs. He has also filed his affidavit giving details of the investments made by him in the form of FDRs saving bank accounts bonds securities PPF account including those of his spouse and children who have not attained the age of majority. The appellant has deposited Rs. 10 lacs in terms of order dated 12th September 2014. We have also gone through the affidavit filed by the appellant in terms of directions issued vide order dated 12th September 2014. Spouse of the appellant is working and drawing salary for about Rs. 11 lacs per annum. Details of her FDRs and investments as well as details of FDRs and investments in the name of two children and the PPF account of the spouse have been indicated. It is stated that the appellant his spouse and minor children do not own any immovable property. The appellant will deposit a further sum of Rs. 5 lacs as a pre- condition for hearing of the appeal - The appellant will also furnish unconditional bank guarantee of Rs. 22 lacs to the satisfaction of the Registrar of the Tribunal stating that the bank will pay the amount in case the appellant does not succeed before the Tribunal - Decided partly in favour of Appellants.
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