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2020 (8) TMI 183 - HC - CustomsWaiver of pre-deposit - section 129E of CA - Classification of imported goods - satellite/viewing cards and others parts of set up boxes - classified under CH85235290 or under CH85299090? - HELD THAT:- In view of the amendment in the Act, especially Section 129E thereof, there is no question whatsoever of the waiver of pre-deposit. The statute itself has waived 90% or 92.5% of the duty amount, as the case may be, assessed by the authorities under the Customs Act, 1962. The petitioner-assessee has to deposit only 7.5% or 10% (as the case may be) of the duty assessed. Thus, there is no question of further waiver of the amount which is required to be deposited under Section 129E of the Customs Act, 1962. The amount to be deposited by the petitioner before CESTAT, New Delhi in their statutory appeal under the Customs Act, 1962 comes to ₹ 4.23 Crores for one appeal, which is 0.0705% of the total turnover. Hence, there are no reason to entertain this writ petition looking to the total turnover of the petitioner as well. As the appeals preferred by the petitioner under Section 129A of the Customs Act, 1962 are pending before CESTAT, we are not at all inclined to observe anything on the merits of the case. There are no reason to entertain this writ petition - petition dismissed.
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