2016 (12) TMI 198

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....he appellant have not complied with the amended provision of Section 129E of the Customs Act,1962 by depositing the requisite amount of 10% of the duty/ penalty or duty and penalty, as the case may be at the time of filing the said Appeal. It is argued at the Bar that since the Appellants had deposited 7.5% at first appellate stage, before the Ld. Commissioner(Appeals), hence, the appellants are required to deposit the balance 2.5% and not the entire 10% mentioned in clause (iii) of Sec.129E of the said Act. The Ld. A.R for the Revenue vehemently argued that such an interpretation cannot be read into the said provision without inserting words not present therein. Before considering the rival submissions, it is necessary to reproduce the sai....

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.... apply to the stay applications and appeals pending before any appellate authority prior to the commencement of the Finance (No. 2) Act, 2014." 3. On plain reading of the aforesaid provisions, I find that the wordings employed there in are as clear as daylight. In clause (iii) it is unambiguously prescribed that any person aggrieved by a decision or order referred to Clause (b) of sub- Section (1) of Sec129E of Customs Act, unless deposits 10% of the duty/penalty or duty and penalty, as the case may be, the appeal shall not be entertained. I do not find any reason to read the said provision in any other manner, so as to come to the conclusion that the Appellant is required to deposit 2.5% and not 10% as prescribed under the said provisio....