- Present Position
per the 20th Interim report giving status as on 31.7.2002.
cases have been taken up for investigation
cases have been investigated and Show Cause Notice
cases have been adjudicated.
13.02 crore duty recovered
198 cases , stay have been ordered by Hon'ble High
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
department is vigorously pursuing the pending cases for
finalization of investigation and recovery of duty.