https://www.taxtmi.com/caselaws?id=91299 On a prima facie view, the Tribunal found that the conditions of clauses (m) and (o) of Section 111 of the Customs Act were not shown to justify confiscation and insistence on a penalty pre-deposit. Clause (o) applies where goods were exempt at the time of import and the exemption was later not fulfilled, which was not the factual position recorded, and there was also no finding of misdeclaration of the imported goods. In light of that strong prima facie case, and since most of the duty had already been deposited, the Tribunal waived deposit of the penalty and stayed its recovery. en-us Tue, 08 Dec 1998 00:00:00 +0530 Mon, 17 Oct 2011 11:46:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=91299 On a prima facie view, the Tribunal found that the conditions of clauses (m) and (o) of Section 111 of the Customs Act were not shown to justify confiscation and insistence on a penalty pre-deposit. Clause (o) applies where goods were exempt at the time of import and the exemption was later not fulfilled, which was not the factual position recorded, and there was also no finding of misdeclaration of the imported goods. In light of that strong prima facie case, and since most of the duty had already been deposited, the Tribunal waived deposit of the penalty and stayed its recovery. Case-Laws Customs Tue, 08 Dec 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=91299