2014 (5) TMI 162

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....e the dispute involved in both the Writ Petitions are common, they were head together and disposed of by this common order. 2. Both the petitioners are exporting Brass Art Wares to various countries and they were granted with advance licences by the Director General of Foreign Trade under Duty Exemption Entitlement Certificate (DEEC). This scheme is to help the exporter. However, this sche....

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....ppeals before the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). They have also sought for stay of the order passed by the Commissioner of Customs. The Tribunal, after hearing the submissions of the appellants as well as the Department, while granting stay, by the impugned order directed the petitioners to pre-deposit a sum of Rs. 20,00,000/- and Rs. 28,00,000/- respectively under Se....

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....ctual as well as legal issues for the purpose of granting stay. The petitioners were bound to establish prima facie case before the Tribunal and also that balance of convenience is in their favour. The Tribunal after considering the contentions raised by the petitioner, analysed the facts and came to a conclusion that most of the shipping bills produced by the petitioners evidencing discharge of e....

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.... finding that the export obligation was not fulfiled in terms of the advance licence and the Customs Notifications by the petitioners and therefore, it came to a conclusion that the appellants are prima facie liable to pay the duty on the imported materials. Further, it is seen that financial incapacity was not pleaded before the Tribunal by the petitioners. In such circumstances, the Tribunal too....