2002 (1) TMI 403 - Commission - Customs

Issues Involved:
1. Admissibility of the application under Section 127B of the Customs Act, 1962.
2. Compliance with Notification No. 211/83-Cus.
3. Liability and quantum of customs duty.
4. Penalty and interest charges.
5. Prosecution under the Customs Act, 1962.

Issue-wise Detailed Analysis:

1. Admissibility of the application under Section 127B of the Customs Act, 1962:
The applicant, M/s. Sanghvi Reconditioners Pvt. Ltd., filed an application under Section 127B of the Customs Act, 1962, disclosing and admitting a duty liability of Rs. 20,98,786/-. The Commission, after perusal of the application, the report of the Commissioner, and the case records, allowed the applications of the applicant and the two co-noticees to be proceeded with under sub-section (1) of Section 127C of the Customs Act, 1962. The applicant was directed to pay the balance amount of Rs. 5,98,786/- within 30 days of receipt of the order.

2. Compliance with Notification No. 211/83-Cus:
The applicant argued that they fulfilled the conditions of Notification No. 211/83-Cus, which exempts certain goods imported for the repair of ocean-going vessels by a ship repair unit registered with the Directorate General of Shipping (DGS). However, the Revenue contended that the applicant sold the goods to M/s. Elektronik Lab, which is not registered with DGS, thereby violating the conditions of the notification. The applicant admitted to some procedural lapses but maintained that the goods were ultimately used for the intended purpose.

3. Liability and quantum of customs duty:
The Commission found that the goods imported by the applicant were sold to M/s. Elektronik Lab, which then sold them to ship owners. Since M/s. Elektronik Lab is not registered with DGS, they were not eligible for the duty exemption. Consequently, the Commission confirmed the duty demand of Rs. 68,78,106/- from the applicant. The applicant had already paid Rs. 20,98,786/-, and the balance amount of Rs. 47,79,320/- was to be paid within 30 days.

4. Penalty and interest charges:
The Commission imposed a penalty of Rs. 18 lakhs on the applicant, waiving the penalty in excess of this amount. Additionally, penalties of Rs. 3 lakhs and Rs. 1 lakh were imposed on Shri Kiran Sanghvi, Director, and Shri K.D. Motta, Manager, respectively. The Commission found that Section 28(AB) of the Customs Act, 1962, which provides for the levy of interest on delayed payment of duty, could not be invoked as the duties demanded related to periods prior to April 1995. Therefore, the Commission granted immunity from payment of interest on the duty amount of Rs. 68,78,106/-.

5. Prosecution under the Customs Act, 1962:
The Commission observed that the Commissioner of Customs (Preventive) had sanctioned prosecution against the applicants after the case was admitted by the Settlement Commission. As per Section 127F(2) of the Customs Act, once the application is allowed to be proceeded under Section 127C, the Settlement Commission has exclusive jurisdiction. Therefore, the sanction for prosecution had no legal sanctity, and the Commission granted total immunity from prosecution to the applicants under the Customs Act, 1962.

Conclusion:
The Commission concluded that the applicant had misused the exemption notification by selling the imported goods to a third party, thereby violating the conditions of the notification. The duty demand of Rs. 68,78,106/- was confirmed, with the applicant required to pay the balance amount of Rs. 47,79,320/-. Penalties were imposed, but immunity from interest and prosecution was granted. The terms of settlement would be void if obtained by fraud or misrepresentation of facts.

← Previous Next →