2018 (2) TMI 336 - AT - Customs

Tribunal defers decision on duty demand and penalties, awaits High Court guidance

The Tribunal deferred its decision on various issues, including the duty demand on DEPB License transferees and validity of show cause notices, pending ... Awaiting decision of the Hon'ble High Court of Bombay in Apar Industries Limited (former known as Apar Limited) v. Commissioner of Customs (Exports) [2011 (5) TMI 683 - CESTAT, MUMBAI] - Held that: - it is considered proper that the Tribunal should go slow to decide the issue which is before Hon'ble High Court and Hon'ble Court is in sessin of the matter, following guidelines of the Hon'ble High Court in Titanor Components Ltd. v. Commissioner of Income Tax [2009 (4) TMI 67 - BOMBAY HIGH COURT] - reference is returned back to the original bench. Issues:1. Interpretation of duty demand on bona fide transferees of DEPB Licences.2. Validity of show cause notice issuance within the normal period of limitation.3. Imposition of penalty on importers for scrips of sinister provenance.4. Guidance on decision-making while Hon'ble High Court is reviewing a similar matter.5. Consideration of pending Customs Appeal No.39 of 2012 by the Hon'ble High Court of Bombay.6. Impact of previous judgments like Commissioner of Customs, Amritsar v. Vallabh Design Products on the case.Analysis:1. The Tribunal noted a pending matter before the Hon'ble High Court involving the demand of duty on bona fide transferees of DEPB Licences. The Tribunal decided to await the decision of the High Court before making a ruling on a similar issue raised in the present case.2. The Tribunal considered the question of whether a show cause notice issued within the normal period of limitation was valid. However, in light of the pending decision by the Hon'ble High Court, the Tribunal decided to return the matter to the original bench for further consideration.3. The issue of imposing penalties on importers for scrips of sinister provenance was raised before the Tribunal. Both sides presented their arguments, but the Tribunal refrained from expressing an opinion at that stage, directing the parties to present their case before the Hon'ble High Court of Bombay.4. The Tribunal referred to the guidance provided by the Hon'ble High Court in the case of Titanor Components Ltd. v. Commissioner of Income Tax regarding decision-making while a similar matter is under review by the High Court. The Tribunal decided to follow the guidelines and return the reference to the original bench for a decision based on the outcome of the pending Customs Appeal.5. Given the significance of the pending Customs Appeal No.39 of 2012 before the Hon'ble High Court of Bombay, the Tribunal decided to wait for the High Court's decision before proceeding with a final ruling on the matter at hand.6. The Tribunal considered the impact of previous judgments, such as Commissioner of Customs, Amritsar v. Vallabh Design Products, on the case. However, the Tribunal refrained from providing an opinion on the cited decision at that stage and directed both parties to present their case before the Hon'ble High Court of Bombay for further consideration.