By TIOL News Service

MUMBAI, AUGUST 23, 2015: AGAINST an O-in-O dated 26.03.2014 passed by the Commissioner of Customs (Import), Mumbai, the appellant filed an appeal & stay application before the CESTAT.

The Tribunal passed a stay order no. S/1015 & 1016/14/CSTB dt. 15.09.2014.

However, the appellant has filed a Miscellaneous application for fixing the specific amount of pre-deposit.

Inasmuch as it is the submission of the appellant that in the CESTAT order the amount of Rs.23 lakhs seized from the possession of Shri Madan Lalwani as against the penalty of Rs.20 lakhs imposed, was considered sufficient for hearing of the appeal. However, the amount of pre-deposit has not been fixed. Reference is also made to the Board's Circular No. 984/08/2014-CX dt. 16/09/2014, Para 3.1 of the same,which says that amounts paid over and above the amounts stipulated under section 129E of the Customs Act, 1962 shall not be treated as deposit under the said section.

The Bench observed -

"3. … It is clear from the CESTAT order dt. 15.9.2014 that the amount of Rs.23 lakhs was considered sufficient as per deposit. In other words, the amount of Rs.23 lakhs as pre-deposit has been fixed. Board Circular applies to appeals filed after the amendment of section 129E of the Custom Act on 6.8.2014. Therefore, we are not inclined to review our own Order."

The miscellaneous application was dismissed.

Naivety?: Hopes of refund…dashed.

(See 2015-TIOL-1769-CESTAT-MUM)