ORDER
Archana Wadhwa, Member (J)
1. The prayer in the application is for dispensing with the condition of pre-deposit of duty amount of Rs. 1,39,80,166/- confirmed as Customs duty and of Rs. 2,76,868/- confirmed as Central Excise duty and with personal penalty of Rs. 1,92,57,034/- and of Rs. 10 Lakhs.
2. After hearing the applicant duly represented by Shri S.S. Deshpande, learned advocate and Shri Umashankar, learned S.D.R., we find that the said duty stands confirmed against the appellant on the ground that in respect of the imports made by them in 1999 by availing the benefit of exemption notification No. 53/97-Cus. corresponding exports have not been effected even within the extended period granted by the Development Commissioner.
3. We find that the export obligation was required to be made by the applicant by 03.06.2002. The said period was further extended by the Development Commissioner till 31.03.2005. The Commissioner has observed that appellant has neither resume production nor undertook any export till 31.03.2005 and their company is lying close w.e.f. May 2001.
4. On being asked the learned advocate fairly agree that no exports have been done even within the extended period. As such, it is clear that the appellants have not fulfilled the conditions of the notification and has no prima facie case in its favour so as to allow waiver of pre-deposit. Exports having not been made by the applicant, they are definitely liable to pay the duty in respect of the duty free imports made by them. Accordingly, we direct the applicant to deposit the entire duty confirmed against them within 8 weeks from today and report compliance on 20.09.2006. Subject the above deposit, the condition of pre-depositt of penalty is waived and its recovery stayed during pending of the appeal.
(Pronounced in Court)