https://www.taxtmi.com/caselaws?id=152391 The Appellate Tribunal CESTAT MUMBAI disposed of the appellant's stay application after finding the demand of duty and penalty challenged on merit and limitation grounds. The Tribunal granted waiver and stay of duty recovery due to the show-cause notice's failure to allege suppression of facts or intent to evade payment. Confiscation of goods was stayed as they were not physically available, but penalties were imposed for failure to prove lawful procurement, requiring a penalty pre-deposit of Rs. 4,00,000 under Section 129E of the Customs Act. The decision emphasized the burden of proof on the appellant and compliance with statutory requirements. en-us Mon, 07 Sep 2009 00:00:00 +0530 Tue, 02 Jul 2013 15:43:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=152391 The Appellate Tribunal CESTAT MUMBAI disposed of the appellant's stay application after finding the demand of duty and penalty challenged on merit and limitation grounds. The Tribunal granted waiver and stay of duty recovery due to the show-cause notice's failure to allege suppression of facts or intent to evade payment. Confiscation of goods was stayed as they were not physically available, but penalties were imposed for failure to prove lawful procurement, requiring a penalty pre-deposit of Rs. 4,00,000 under Section 129E of the Customs Act. The decision emphasized the burden of proof on the appellant and compliance with statutory requirements. Case-Laws Customs Mon, 07 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=152391