Not making mandatory deposit u/s 129E of Customs Act, 1962 - appeal dismissed
VIDE an Order-in-Original no. dated 07/05/2014 passed by the Commissioner of Customs (Export), Nhava Sheva, a penalty of Rs.1.17 crore was imposed on the appellant. Against this order, the appellant filed an appeal before the CESTAT on 11/09/2014.
It seems that no deposit, as mandated by the substituted section 129E of the Customs Act, 1962, was made by the appellant in the matter of penalty imposed.
So, when the appeal came up for hearing recently, the Division Bench observed and held - As per the provisions of Section 129E of the Customs Act, as amended by the Finance Act, 2014, the appellant is required to make a pre-deposit of 10% of penalty imposed while filing the appeal. The appellant has not made such a pre-deposit. Therefore, the appeal is dismissed as non-maintainable for non-compliance with the provisions of Section 129E of the Customs Act, 1962.
Should it be 7.5%?