Home Case Index All Cases Customs Customs + AT Customs - 2016 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 569 - AT - CustomsPre-deposit - Section 129E of the Customs Act, 1962 - interpretation of statute - Held that: - On plain reading of the provisions of SECTION 129E, we find that the wordings employed there in are as clear as daylight. In clause (iii) it is unambiguously prescribed that any person aggrieved by a decision or order referred to Clause (b) of sub- Section (1) of Sec129E of Customs Act, unless deposits 10% of the duty/penalty or duty and penalty, as the case may be, the appeal shall not be entertained - I do not find any reason to read the said provision in any other manner, so as to come to the conclusion that the Appellant is required to deposit 2.5% and not 10% as prescribed under the said provision in view of the settled principle of statutory interpretation. I do not find substance in the argument that the amount paid under clause(i) of Sec.129E, which was paid at the time of filing Appeal before the first Appellate Authority can be adjusted against the amount of deposit required to be made under clause(iii) while filing the Appeal before this forum - appeal dismissed - decided against appellant-assessee.
|