2002 (4) TMI 272 - Commission - Customs

Summary

Issues:
1. Under-valuation of imported goods
2. Admittance of duty liability by the applicant
3. Request for immunity from penalty, fine, and prosecution
4. Settlement terms and re-export of goods

Under-valuation of imported goods:
The case involved M/s. G.M.S. Technologies Ltd. importing a machine valued at US $3,25,000 but later revealed to be valued at US $3,99,000. Investigations showed that the declared value did not include the price of inks, which were separately priced at US $8,500. Invoices were manipulated to evade customs duty. A show cause notice was issued to the applicant based on these discrepancies.

Admittance of duty liability:
The applicant filed an application under Section 127B of the Customs Act, 1962, admitting a duty liability of Rs. 77,61,319. During the hearing, the applicant agreed to pay the balance amount and requested to re-export the machine, which was still under seizure. The Settlement Commission allowed the application to proceed and directed the payment of the balance amount within 30 days.

Request for immunity from penalty, fine, and prosecution:
The applicant sought immunity from penalty, fine, and prosecution under various acts in exchange for admitting duty liability and cooperating with the Settlement Commission. The terms of settlement included full payment of the admitted duty liability, immunity from penalty and fine for the firm and an individual, and immunity from prosecution under relevant acts.

Settlement terms and re-export of goods:
The settlement terms included full payment of the admitted duty liability, immunity from penalty and prosecution, and a clarification that re-export of goods post-settlement is to be decided by the Proper Officer of Customs. The settlement would be void if obtained through fraud or misrepresentation of facts.

This judgment highlighted the process of admitting duty liability, seeking immunity from penalties, fines, and prosecution, and the terms of settlement in a case involving under-valuation of imported goods. The Settlement Commission allowed the application to proceed, directed payment of the balance amount, and granted immunity as requested. The case emphasized the importance of full disclosure and cooperation in settling customs duty disputes, with post-settlement issues like re-export being subject to customs laws and procedures.