2002 (3) TMI 316 - Commission - Customs

Issues Involved:
1. Misdeclaration of weight of imported goods.
2. Calculation of differential duty.
3. Admissibility of the investigation report by the Commissioner (Investigation).
4. Immunity from fine, penalty, interest, and prosecution.
5. Delay in payment of admitted duty liability.

Issue-wise Detailed Analysis:

1. Misdeclaration of Weight of Imported Goods:
The applicant, M/s. Jai Mata Di Impex, imported Pile Fabrics of Man-made Fibre and declared the weight as 9461 Kgs. However, upon re-examination by the Directorate of Revenue Intelligence (DRI), the weight was found to be 16086.62 Kgs. The misdeclaration was admitted by the applicant, who acknowledged the discrepancy and agreed to pay the differential duty.

2. Calculation of Differential Duty:
The goods were classifiable under sub-heading 6001.92 of the Customs Tariff, carrying a duty rate of 25% ad valorem or Rs. 100/- per kg, whichever is higher. The differential duty on the excess weight was calculated to be Rs. 7,68,903.20. The applicant agreed to this calculation and paid the amount.

3. Admissibility of the Investigation Report by the Commissioner (Investigation):
The Commissioner (Investigation) suggested that the quantity of fabric should be proportionately increased due to the misdeclaration of weight, leading to a revised duty liability of Rs. 31,42,028.83. However, this assessment was challenged by the applicant, who argued that the logic was not factually verified. The Settlement Commission found the investigation report to be based on conjecture and rejected it, agreeing with the original duty calculation by the Revenue.

4. Immunity from Fine, Penalty, Interest, and Prosecution:
The applicant requested immunity from fine, penalty, interest, and prosecution under the Customs Act, 1962, and the Indian Penal Code. The Commission granted immunity from fine and penalty, as well as from further interest beyond the Rs. 1,65,830 already paid. Immunity from prosecution under the Customs Act and the Indian Penal Code was also granted. However, the request for immunity from other Central Acts was denied due to lack of specificity.

5. Delay in Payment of Admitted Duty Liability:
There was an eight-day delay in the payment of the admitted duty liability. The applicant explained that the delay was due to procedural formalities and requested the Commission to condone it. The Commission ordered the applicant to pay interest at the rate of 18% per annum for the eight-day delay within 30 days of receipt of the order.

Settlement Terms:
1. The case was settled on payment of Rs. 7,68,903.20, which had already been paid by the applicant.
2. The bond/bank guarantee executed by the applicant was discharged and ordered to be returned forthwith.
3. Immunity from imposition of fine, penalty, and further interest was granted.
4. Immunity from prosecution under the Customs Act, 1962, and the Indian Penal Code was granted.
5. The applicant was ordered to pay interest for the eight-day delay at 18% per annum within 30 days.
6. The settlement would be void if obtained by fraud or misrepresentation of facts.

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