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TMI Blog2003 (1) TMI 589X X X X Extracts X X X X X X X X Extracts X X X X ..... No. C-I/3976/WZB/2002, dated 22-11-2002 [2003 (151) E.L.T. 674 (Tribunal)] wherein the Tribunal has considered the import of Yellow Poppy Seeds involving the said two issues in the appellants own case for an earlier period. The decision has been given in favour of the appellants while allowing their appeal. The learned counsel inter alia submitted that since the issues involved in the present appeal are fully covered by the said decision, the stay may be granted in the matter. 2. Shri M.K. Gupta, learned Jt. C.D.R. has opposed the arguments of the learned counsel and has tried to distinguish the issues involved on the ground of colour of poppy seeds. To a querry from the Bench as to whether the issues involved in the present case are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and adopting another method of valuation. (3) Whether the learned Commissioner is justified in confiscating the impugned goods under Section 111(m) of the Customs Act, 1962 and penalising the appellants in a case where the transaction value method has been rejected and another method of valuation has been adopted. 6. The learned Jt. C.D.R. agrees that the cited decision dated 22-11-2002 of Court-I has decided the issue at (1) above in favour of the appellants in a similar case and therefore, he has no objection to stay of the penalty imposed in respect of one consignment which is the subject matter of the first Show Cause Notice out of three Show Cau ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e observations recorded by my learned brother that the issues involved in the present appeal are squarely covered by the said decision of Court-I. 8. However, I am inclined to agree with my learned brother in waiving the pre-deposit of penalty in this case as one of the main issues required to be considered in this case involves the question as to whether confiscation and penal action can be justified in a case where Rule 10A of the Customs Valuation Rules has been applied for rejecting the transaction value method and another method of valuation has been adopted for valuing the imported goods. 9. Accordingly, I concur with the decision of my learned brother to waive pre-deposit of the penalty amount during pendency of the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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