2014 (1) TMI 1389 - AT - Customs

Tribunal Waives Pre-Deposit of Customs Act Penalty

The Appellate Tribunal CESTAT AHMEDABAD granted waiver of pre-deposit of penalty imposed under Customs Act, 1962. The tribunal allowed the application for ... Waiver of pre-deposit - Imposition of penalty - Held that:- for imposing penalty under Section 112(a) of Customs Act, 1962, the appellant herein should have done or not done an action, which would have made the goods liable for confiscation. It is seen from the records that the appellant has filed a Bill of Entry as per the documents given to him by the importer - appellant has made out a prima facie case for waiver of pre-deposit of the amounts involved. Accordingly, the application for waiver of pre-deposit of the amounts of penalties involved are allowed and the recovery thereof stayed till the disposal of appeal - Stay granted. The Appellate Tribunal CESTAT AHMEDABAD granted waiver of pre-deposit of penalty imposed under Customs Act, 1962. The appellant filed a Stay Petition, and it was found that there were no findings attributing any role to the appellant in the Order-in-Original. The tribunal allowed the application for waiver of pre-deposit, staying the recovery of penalties until the appeal's disposal.