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2015 (7) TMI 748 - HC - CustomsWaiver of pre deposit - Evasion of duty - suppression of FOB value - Penalty u/s 114AA - Held that:- Tribunal has committed no error. Firstly, against the total penalty demand of more than ₹ 10 crores, the Tribunal imposed condition of pre-deposit of merely ₹ 10 lacs which comes to just about one per cent of the amount. Secondly, in the earlier case, the penalty imposed was ₹ 25 lacs against which the Tribunal imposed the condition of pre-deposit of ₹ 1 lac. Merely because the allegations are common, the Tribunal is not bound to adopt the same figure irrespective of the quantum involved in each case. The condition of pre-deposit has some rational relation to the total demand confirmed by the adjudicating authority - Decided against assessee.
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