2010 (9) TMI 1024 - AT - Customs

CESTAT Bangalore Upholds Customs Duty Liability in Amalgamation Case

The Appellate Tribunal CESTAT Bangalore confirmed the liability of the appellants for non-compliance with customs duty conditions related to imported ... - Issues: Liability of appellants for non-compliance of customs duty conditions, diversion of imported components, confirmation of demand, amalgamation scheme liability, justification for demand confirmation, stay of impugned order, deposit amount directive.1. Liability of Appellants for Non-Compliance of Customs Duty Conditions:The dispute revolves around the liability of the appellants concerning non-compliance with conditions attached to customs duty Notifications related to imported goods by their predecessors. The appellants argue that any irregularity in compliance by their predecessors should not lead to their penalization or liability. They contend that temporary diversion of components for spare parts, duly disclosed to the Department, should not attract penalties. Reference is made to legal precedents and decisions to support their stance.2. Diversion of Imported Components:The appellants claim that the diversion of imported components for different use was temporary and for urgent situations, with replenishment ensured promptly. They argue that this temporary diversion did not warrant penalties or liability. The Department, however, asserts that the violation of Notification conditions was admitted by the appellants and established through investigations, justifying the impugned order.3. Confirmation of Demand and Amalgamation Scheme Liability:The statement by the Manager (Finance) of the appellants admits the basic facts presented in the show cause notice, indicating a justification for confirming the demand. Clauses from the Amalgamation Scheme between predecessors and appellants confirm the liability of the appellants for obligations arising from predecessors, including duty liability. The Madhya Pradesh High Court's order and other legal decisions are cited to support the confirmation of liability.4. Justification for Demand Confirmation and Stay of Impugned Order:Considering the facts and admissions, the Tribunal finds no grounds to stay the impugned order. The infraction of Notification conditions by predecessors, confirmed liability under the Amalgamation Scheme, and disclosures in the Manager's affidavit support the demand confirmation. Legal precedents cited emphasize the continuity of liability in cases of amalgamation or takeover.5. Deposit Amount Directive:After analyzing the circumstances, the Tribunal directs the appellants to deposit a specified amount within a given timeframe, while waiving the remaining demand under the impugned order. The compliance reporting date is set for a future hearing.This comprehensive analysis covers the issues of liability for non-compliance, diversion of components, confirmation of demand, amalgamation scheme liability, justification for demand confirmation, stay of order, and the directive for a deposit amount in the legal judgment delivered by the Appellate Tribunal CESTAT Bangalore.