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Rosha Committee - Present Position

As per the 20th Interim report giving status as on 31.7.2002.

608 cases have been taken up for investigation
452 cases have been investigated and Show Cause Notice issued.
333 cases have been adjudicated.
Rs. 13.02 crore duty recovered
In 198 cases , stay have been ordered by Hon'ble High Court

The following factors have made the task of recovery of duty involved in these cases difficult :

Hospitals which have taken clearance of goods under Notification No. 64/88-Cus are not regular importers, and therefore, they cannot be approached easily by Customs Officers in connection with investigation and adjudication action. Moreover, many hospitals are located at places, which are far away from the Customs Houses from where they took clearance of the goods making it more difficult to effect recovery of duty.

In a good number of cases, CEGAT on appeal has passed orders for making pre deposits of duty for admitting appeals. These pre deposits normally constitute only a small percentage of the total amount of demand of duty which has been confirmed. This also affects adversely the pace of realization of Government dues.

The amount of duty stayed by the High Court has increased to 61% (approx.) of total duty quantified, as many importers have challenged the withdrawal of Customs Duty Exemption Certificates issued to them. Customs officers, however, have been advised to file petitions for vacation of stay in all such cases and to expedite the hearing, citing the relevant case law and Hon'ble Supreme Court's Judgement in various case.

The department is vigorously pursuing the pending cases for finalization of investigation and recovery of duty.