Appellate Tribunal waives penalty upon 30,000 deposit, stresses evidence assessment in appeal. Financial constraints considered.

The Appellate Tribunal directed the petitioner to deposit 30,000 within eight weeks and report compliance by a specified date. Upon this deposit, the remaining penalty amount would be waived, and recovery stayed during the appeal process. The Tribunal emphasized the importance of assessing the evidence presented by both parties during the appeal hearing and considered the petitioner's financial constraints in determining the deposit amount.

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Issues: Application for waiver of pre-deposit of penalty under Sections 114 and 114AA of the Customs Act, 1962.

Analysis:
- The application before the Appellate Tribunal sought waiver of a penalty of &8377; 5.00 Lakhs imposed under Sections 114 and 114AA of the Customs Act, 1962.
- The petitioner's counsel argued that there was a violation of natural justice as no further opportunity was given after the seizure report was submitted, and the request for cross-examination of witnesses was denied. It was contended that they could rebut the evidence relied upon by the Commissioner.
- Despite financial constraints, the petitioner offered to deposit &8377; 30,000 pending the appeal's disposal.
- The Revenue's representative argued that the Commissioner's findings were lawful, justifying the penalty imposition.
- The Tribunal noted that the case hinged on the evidence presented by both parties, which would be assessed during the appeal hearing. Considering the petitioner's financial situation, the offer to deposit &8377; 30,000 was deemed reasonable.
- The Tribunal directed the petitioner to deposit the said amount within eight weeks and report compliance by a specified date. Upon this deposit, the remaining dues would be waived, and recovery stayed during the appeal process.

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