INDIA GLYCOLS LIMITED Vs. C.C., ICD

JUDGEMENT

(1.) THIS stay petition is filed for waiver of pre -deposit of the amount of Rs. 1,21,32,834/ - confirmed by the adjudicating authority of duty foregone against Advance Licence No. 051012566 dated 7.5.04 and towards penalty under Section 112(a)(ii) of the Customs Act, 1962. On appeal by the appellant, the appellant was directed to pre -deposit Rs. 65 lakhs failing which the appeal has been dismissed for non -compliance of the order. Hence this appeal before us.

(2.) THE relevant facts that arise for our consideration are that the appellants had imported some inputs under Advance Licence No. 0510125266 dated 7.5.04 submitting themselves for fixed export obligation. The adjudicating authority has come to the conclusion that the appellant had not produced any evidence of export obligation and there is violation of condition of the licence. Having come to such conclusion, he confirmed the demand and on an appeal, first appellate authority directed the appellant to pre -deposit an amount, which was not done by the appellants.

(3.) LEARNED Departmental Representative on the other hand submits that this evidence was not available before the first appellate authority and the first appellate authority has taken a prima facie view to directing pre -deposit. It is his submission that the appellant may be put to some condition to deposit and the matter may be remanded back to the lower authorities.