PANKAJ KUMAR DAS Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) This stay application has been filed against impugned Order -in -Appeal Dt. 7.1.2014 passed by the Commissioner (Appeals) in which he dismissed the appeal for non -compliance of the requirement of Sec. 129E of the Customs Act for failure to deposit Rs. 10,00,000/ - (Rupees ten lakhs only).

(2.) The background of the case is that DRI seized the machine imported by the party after it was cleared on payment of duty under EPCG Scheme. A show cause notice was issued. The Settlement Commission, vide final order dated 30.6.2009, settled the show cause notice on payment of duty, interest fine and penalty. The total, duty interest, fine and penalty paid on the impugned goods was Rs. 25,42,290/ -, Rs. 2,26,530/ -, Rs. 1,00,000/ - and Rs. 50,000/ - respectively. Thereafter Additional Commissioner of Customs issued another show cause notice on 2.1.2012 on the ground that the goods were undervalued. The Additional Commissioner passed an order in respect of this show cause notice confirming demand of balance duty of Rs. 7,90,238/ - fine of Rs. 9,33,364/ - and penalty of Rs. 9,33,364/ -.

(3.) Heard both sides and considered the submissions.