Pre-deposit waiver in customs appeal granted where goods remained with authorities and demand was secured by custody of seized goods.

Pre-deposit of duty and penalty pending appeal was waived because substantial goods valued at over Rs. 2 crores remained in the custody of the customs authorities, while the duty demand was a little over Rs. 1 crore. On that basis, the requirement of immediate deposit was not considered necessary at that stage, and the appeal was directed to be listed for regular hearing.

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Issues: Whether pre-deposit of duty and penalty should be waived pending appeal.

Analysis: Substantial goods valued at over Rs. 2 crores remained in the custody of the customs authorities, while the duty demand was a little more than Rs. 1 crore. In view of the availability of goods with the authorities, the requirement of pre-deposit was not considered necessary at that stage.

Outcome: Pre-deposit of duty and penalty was waived and the appeal was directed to be listed for regular hearing.

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