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of <h1>Appellate Tribunal grants waiver and stay in Customs Act penalty appeal</h1> <h3>ASRV PRASAD Versus COMMISSIONER OF CUS. & C. EX., GUNTUR</h3> The Appellate Tribunal CESTAT, Bangalore, found the case against the applicant weak in an appeal where a penalty was imposed under Section 112 of the ... Stay/Dispensation of pre-deposit - Penalty The Appellate Tribunal CESTAT, BANGALORE, Citation: 2009 (2) TMI 591 - CESTAT, BANGALORE, represented by S/Shri T.K. Jayaraman, M.V. Ravindran, JJ., heard an appeal in which the applicant was required to pre-deposit a penalty of Rs. 50,000 under Section 112 of the Customs Act. The case revolved around a firm, M/s. Siddhi Impex, Guntur, accused of exporting low-quality paints at inflated values to fraudulently obtain DEPB benefits. The applicant, a Chartered Accountant, certified the cost of production of synthetic enamel paints for the firm, which raised suspicions. The Adjudicating Authority found the applicant guilty of abetting the offense, leading to the imposition of a penalty under Section 114. The applicant argued that the penalty under Section 112 was improper, as it pertained to importation, not exportation, and that his certificate was not a mandatory requirement for DEPB exports. The Tribunal ultimately found the case against the applicant weak, granted a waiver of the pre-deposit amount, and allowed a stay on any coercive measures by Revenue until the appeal was decided. The stay order was to continue even after 180 days. The appeal was scheduled to proceed in due course.
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