TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Customs Act: Pre-Deposit for Appeals Upheld, Turnover Determines Deposit Amount</h1> <h3>Dish TV India Limited Versus Union of India And Ors.</h3> Dish TV India Limited Versus Union of India And Ors. - TMI Issues involved:- Interpretation of Section 129E of the Customs Act, 1962 regarding mandatory pre-deposit for appeals.- Applicability of the amended provisions of Section 129E to cases with disputes prior to the amendment.- Constitutional validity of the provisions of mandatory pre-deposit.- Assessment of the amount to be deposited by the petitioner for statutory appeals.- Consideration of the petitioner's annual turnover in determining the deposit amount.- Dismissal of the writ petition and disposal of pending applications.Analysis:1. Interpretation of Section 129E: The judgment discusses the statutory provision of Section 129E of the Customs Act, 1962, which mandates a pre-deposit for entertaining appeals. The law requires depositing a fixed percentage of the duty demanded, with specific percentages for different appeal scenarios.2. Applicability of Amended Provisions: The court refers to previous judgments upholding the constitutional validity of the mandatory pre-deposit provisions. It highlights the amendment brought in by the Finance Act No.2 of 2014, emphasizing the importance of complying with the deposit requirements for appeal entertainments.3. Assessment of Deposit Amount: The court calculates the deposit amount for the petitioner's statutory appeals based on the turnover and the percentage specified in Section 129E. It determines the required deposit as a proportion of the petitioner's turnover, emphasizing the statutory obligation to make the deposit.4. Consideration of Annual Turnover: The judgment considers the petitioner's substantial annual turnover in relation to the deposit amount required for the appeals. It notes the proportionality of the deposit to the turnover and concludes that the petitioner's financial capacity aligns with the deposit obligation.5. Dismissal of Writ Petition: After detailed analysis of the legal provisions, the court dismisses the writ petition. It emphasizes that the statutory appeals should proceed based on their merits and in compliance with the deposit requirements under Section 129E. The court's decision is based on the law, regulations, and evidence presented in the case.6. Disposal of Pending Applications: The judgment concludes by disposing of all pending applications in line with the dismissal of the writ petition. It ensures that all related matters are appropriately addressed and resolved based on the legal framework and the court's decision.This comprehensive analysis of the judgment provides insights into the court's interpretation of legal provisions, application of statutory requirements, and considerations of the petitioner's financial circumstances in determining the deposit amount for statutory appeals under the Customs Act, 1962.
TaxTMI 
TaxTMI 
