2002 (1) TMI 455 - Commission - Customs

Issues Involved:
1. Duty liability and interest charges.
2. Financial position and payment installments.
3. Fulfillment of export obligations.
4. Jurisdiction and eligibility of the application.
5. Calculation of duty liability.
6. Penalty and immunity from prosecution.

Detailed Analysis:

1. Duty Liability and Interest Charges:
The applicant admitted a duty liability of Rs. 1,23,81,895/- but later revised it to Rs. 1,16,49,093/-. The applicant contested the interest charges on the duty demanded, citing that interest could only be charged under statutory provisions. The Commission agreed that interest could only be charged after the determination of duty under Section 28AA of the Customs Act, 1962, and thus, interest was not applicable until the duty liability was determined by the Commission.

2. Financial Position and Payment Installments:
The applicant highlighted financial difficulties, including loans from Corporation Bank and Industrial Development Bank of India, and requested to pay the duty liability in four equal installments. The Commission allowed the applicant to pay Rs. 20 lakhs initially and submit financial documents for further consideration of installment payments. The applicant complied by paying Rs. 20 lakhs and later Rs. 12,98,093/-.

3. Fulfillment of Export Obligations:
The applicant faced issues with fulfilling the export obligation due to market conditions and sought to include deemed exports and third-party exports in the calculation. The Commission required the applicant to provide legible certified copies of shipping bills and obtain a certificate from DGFT to verify export obligations. The applicant admitted to miscalculations and agreed to the DGFT's computation of duty liability at Rs. 1,21,90,562/-.

4. Jurisdiction and Eligibility of the Application:
The Revenue argued that the application did not disclose any new duty liability and should be rejected. However, the Commission allowed the application to proceed, directing the applicant to pay an initial amount and submit financial documents for further consideration.

5. Calculation of Duty Liability:
The Revenue calculated the duty liability at Rs. 1,23,33,557/-, which was slightly higher than the DGFT's provisional figure. The Commission accepted the Revenue's calculation for final settlement. The applicant's inconsistent disclosures and incorrect calculations in Indian Rupees instead of US Dollars were noted.

6. Penalty and Immunity from Prosecution:
The Commission imposed a penalty of Rs. 50 lakhs on the applicant for inconsistent disclosures and lack of full and true disclosure. However, the applicant was granted immunity from prosecution under the Customs Act, 1962, the Indian Penal Code, and the Foreign Trade (Regulation) Act for matters covered in the application. The Commission also provided immunity from interest charges under the Customs Act, 1962, as there was no provision for charging interest under the applicable notification.

Conclusion:
The Commission settled the case for a total customs duty of Rs. 1,23,33,557/-, imposed a penalty of Rs. 50 lakhs, and granted immunity from prosecution and interest charges. The applicant was directed to pay the balance amount and penalty within 30 days, with the order becoming void if obtained by fraud or misrepresentation.

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