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PM-STIAC discusses accelerating Industry-Academia Partnership for Research and InnovationIndia, Singapore hold dialogue over cyber policy44 bids received under 10th Round of Commercial Coal Mine AuctionsCops arrest former Dy PM of Nepal in cooperative fraud casePuri highlights India's Petrochemical potential at India Chem 2024UN reports record high cocaine production in ColombiaMinister unveils 'Aviation Park' showcasing India's Aviation HeritageED finds PFI wanted to start Islamic movement in IndiaBlocking Credit - Rule 86ASEBI says investors can use 3-in-1 accounts to apply online for securitiesI-T- Penalty u/s 271(1)(b) need not be imposed when assessee moved an adjournment application & later complied with notice u/s 142(1): ITAT4 Kanwariyas killed as vehicle runs over them in Banka, BiharI-T- Accounting principles do not prescribe maintaining of a day-to-day stock register, and the books of accounts cannot be rejected on this basis alone: ITATUN food looted and diverted to army in EthiopiaCus - Alleged breach of conditions for operating public bonded warehouse; CESTAT rightly rejected allegations, having found no evidence of any such breach: HCUS budget deficit surges beyond USD 1.8 trillionST - Onus for proving admissibility of Cenvat Credit rests with service provider under Rule 9(6) of the Cenvat Credit Rules, 2004: CESTATIf China goes into Taiwan, Trump promises to impose additional tariffsRussians love Indian films; Putin lauds BollywoodCus - Classification of goods is to be determined in accordance with Customs Tariff Act & General Interpretative Rules; Country-of-Origin Certificate may offer some guidance, but cannot solely dictate classification: CESTATCus - Benefit of such Country-of-Origin certificates cannot be denied if all relevant conditions are met under the applicable Customs Tariff rules: CESTATCuban power grid collapses; Country plunges into darknessCus - As per trite law, merely claiming a classification or exemption does not constitute mis-declaration or suppression - any misclassification does not equate to willful intent to evade duty: CESTATKarnataka mulling over 2% fee on aggregator platforms to bankroll gig worker welfare fundCus - Extended limitation cannot be invoked in case of assessee who is a regular importer with a consistent classification approach: CESTAT
 
Cus - Redemption fine - In absence of any statutory provision, miscellaneous application for stay of impugned order or for waiver of pre-deposit of any amount cannot be entertained: CESTAT

By TIOL News Service

MUMBAI, MAY 20, 2016: THE appellant imported a yacht and filed bill of entry as yacht "AZIMUT 68". It was noticed by Customs authorities that there was mis-declaration of the description of yacht and also the value,hence it was seized.

A SCN came to be issued and the adjudicating authority confirmed the demand of duty with interest, imposed penalties and confiscated the yacht with an option to redeem the same on payment of redemption fine.

An appeal was preferred before the CESTAT by depositing an amount equivalent to 7.5% of the Customs duty as per the provisions of Section 129E of the Customs Act, 1962.

Vide the miscellaneous application, the appellant prays for stay of the operation of the impugned order in respect of the redemption fine imposed. Inasmuch as the applicant contends that in the absence of any stay, department will take coercive action to recover the same and this would negate the provisions of Section 129E of Customs Act; that the Tribunal has got inherent powers under Rule 41 of CESTAT Procedure Rules to stay the recovery of the redemption fine in the interest of justice. Inter alia, the case law of Gammon India Ltd. - 2013-TIOL-928-CESTAT-MUM was also cited.

The Bench observed that the application lacks merit since the Tribunal has no power to entertain any stay petition against impugned order

After reproducing section 129E of the Customs Act, 1962, it is further observed -

++ There is no provision for filing any application for stay of the impugned order or for waiver of pre-deposit of any amount. If the importer complies with the provisions as reproduced here-in-above there is no requirement of filing any applications for any reason. In the absence of any statutory provision this miscellaneous application cannot be entertained.

++ The provisions of erstwhile Section 129E of Customs Act, 1962 had a proviso for filing an application for waiver of any amount. Exercising these powers, Tribunal used to grant waiver or stay of the impugned order, even in respect of the redemption fine imposed. By invoking inherent powers of the Tribunal, orders were passed for staying operation in respect of redemption fine. All the case laws cited by learned Counsel were the decisions under erstwhile Section 129E of Customs Act, 1962, hence may not be applicable in the current scenario.

Holding that there is no merit in the miscellaneous application, the same was dismissed.

(See 2016-TIOL-1201-CESTAT-MUM)


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