ORDER
I.J. Rao, Member (T)
1. We heard Sh. Gujral, the learned advocate and Shri Sharma, learned SDR on the stay application which seeks the waiver of pre-deposit and grant of stay in respect of penalty of Rs. 25,000/- imposed on the applicants.
2. The facts of this matter are that the applicants imported what they claim to be PVC leather belts. The customs examination of the consignment, as recorded on the bill of entry found the imported goods to be PVC leather belts. In the invoices also it was described as the same. The Additional Collector, however, apparently on the basis of his own visual examination and of market enquiry, details of which were not communicated to the applicants, decided that the imported goods were leather belts. Besides ordering, as a consequence, confiscation of the goods, the Additional Collector imposed a penalty of Rs. 25,000/-.
3. Shri Gujral submitted that prima-fade all the facts are in favour of the applicants and they have an excellent case.
4. Shri Sharma opposed the stay and submitted that the Additional Collector himself examined the goods. He supported the impugned order.
5. We have considered the submissions of both sides. The applicants are stated to be exporters of about 2 crores Rupees worth of goods a year. Prima facie, we feel that the applicants have a good case and some valid points. The amount involved is small. In these circumstances we grant the stay application, waiving the predeposit of the penalty and granting stay against its realisation during the pendency of these proceedings.