Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1962 -s. J 29E -Stay/dispensation of pre-deposit - Consideration of Customs Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Customs Act, 1962 - s. 129E -Stay/dispensation of pre-deposit - Consideration of "undue hardship" aspect-Imposition of penalty of Rs. 10 crores by Commissioner of Customs - Appeal - Tribunal directing pre-deposit of Rs. 2 crores as condition precedent for hearing appeal - Plea of assessee for dispensation of pre-deposit on ground of financial sickness - Tenability of - Held: Not tenable - Mere assertion about financial/ undue hardship not sufficient. Words and Phrases - "undue" and "undue hardship" - Meaning of - In context to s. 129E of Customs Act, 1962. A dispute arose relating to classification of the product imported by assessee-company and the consequential benefits claimed by it under various Notifications issued by the Director General of Foreign Trade. The customs authorities did not accept the stand of the assesee about its classification. Subsequently, the Commissioner of Customs imposed penalty of Rs.10 crores. Assessee challenged the levy of penalty by filing appeal before the CESTAT which directed pre-deposit of Rupees 2 crores as condition precedent for hearing the appeal. Assessee filed writ petition thereagainst which was dismissed. In the instant appeal, the assessee-company contended that it was financially sick and, therefore, insistence on pre-deposit, would deprive it of the statutory right of appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1260 |
Petitioner | Indu Nissan Oxo Chemicals Ind. Ltd. |
Respondent | Union Of India And Ors. |
SCR | [2007] 13 S.C.R. 173 |
Judgement Date | 2007-12-11 |
Case Number | 5795 |
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