2001 (8) TMI 840 - Commission - Customs

Summary

Issues:
1. Settlement application under Section 127B of the Customs Act, 1962 by M/s. Laser Recycling.
2. Admission of the case before the Settlement Commission.
3. Arguments by Revenue regarding duty liability and true disclosure.
4. Compliance with Notification No. 133/94-Cus. for goods imported.
5. Terms of settlement and duty payment schedule.
6. Immunity from prosecution and penalty.
7. Provisional release of seized goods.
8. Fraud or misrepresentation of facts affecting settlement validity.

Analysis:
1. M/s. Laser Recycling filed a settlement application under Section 127B of the Customs Act, 1962 for unauthorized importation and removal of goods. The application disclosed an additional duty liability of Rs. 6,81,382, later revised to include Rs. 12,43,132 as total duty payable.
2. The Settlement Commission allowed the case to proceed under Section 127C, granting permission for payment in two installments and provisional release of seized goods on bond execution.
3. Revenue argued that the applicant did not make a true disclosure and challenged the application's merit for admission, highlighting misdeclaration and non-disclosure of duty components.
4. Compliance with Notification No. 133/94-Cus. was questioned, emphasizing the requirement for processing and re-export of imported goods, which the applicant allegedly failed to follow.
5. The Settlement Commission found discrepancies in duty calculation but allowed settlement for Rs. 12,43,132, with a payment schedule and granted immunity from prosecution and penalties upon full duty payment.
6. Immunity from prosecution and penalties was granted due to the applicant's cooperation and full disclosure, with the settlement terms specifying duty payment deadlines and consequences for non-payment.
7. Provisional release of seized goods was ordered on bond execution, with the release of bonds upon settlement completion, subject to the applicant providing a list of immovable properties.
8. The settlement terms would be void in case of fraud or misrepresentation, emphasizing the importance of full and truthful disclosure for maintaining the settlement's validity.