2002 (8) TMI 530 - Commission - Customs

Issues Involved:
1. Admissibility of the settlement application.
2. Allegations of under-valuation and mis-declaration of import values.
3. DRI's investigation and issuance of Show Cause Notices (SCNs).
4. Determination of the correct duty liability.
5. Immunity from prosecution, penalty, and interest.

Issue-wise Detailed Analysis:

1. Admissibility of the Settlement Application:
The applicant, M/s. Chawla Enterprises Limited, filed an application before the Customs and Central Excise Settlement Commission for settlement of their case regarding imports made during 1-1-1997 to 31-8-1999. The application was filed under Section 127B of the Customs Act, 1962, after the lapse of 180 days from the date of search and seizure by the Directorate of Revenue Intelligence (DRI). The applicant admitted an additional duty liability of Rs. 48,52,382.01 and requested for halting the DRI investigation, waiving the issue of SCN, and immunity from prosecution, penalty, and interest.

2. Allegations of Under-Valuation and Mis-Declaration of Import Values:
The DRI reported under-valuation of imports to the extent of Rs. 275 lakhs in 36 consignments. They indicated that the value declared to Hongkong Customs at the time of export was higher than the value declared in the import invoices to Indian Customs, suggesting mis-declaration. The applicant contended that any discrepancy might have arisen due to the supplier's declaration for their own purposes and agreed to pay the differential duty.

3. DRI's Investigation and Issuance of SCNs:
The DRI continued their investigation and issued three SCNs demanding a total duty of Rs. 3.92 crores for 107 consignments based on evidence from Hongkong Customs. The applicant objected to the continuation of the investigation but was directed to submit a tabular statement of discrepancies and comments on the sealed cover contents.

4. Determination of the Correct Duty Liability:
The Commission found that the applicant had not made a full and true disclosure of their duty liability. The applicant admitted liability for only 28 consignments despite evidence for 36 consignments. The Commission upheld the DRI's claim of Rs. 1,20,53,871/- for 36 consignments and rejected the applicant's disclosed amount of Rs. 48,52,382.01. For the remaining 71 consignments, the Commission found the DRI's approach of derived values reasonable, resulting in a total duty liability of Rs. 3,91,60,885/-.

5. Immunity from Prosecution, Penalty, and Interest:
The Commission concluded that the applicant did not disclose their full and true duty liability and thus was not entitled to full immunity under Section 127H of the Act. However, considering the applicant's cooperation, partial waiver of penalty and interest was granted. The applicant was granted immunity from prosecution but was required to pay the balance duty of Rs. 2,91,60,885/-, interest at 10% per annum for 36 consignments, and a penalty of Rs. 40 lakhs within 30 days.

Final Order:
The case was settled with the following terms:
1. Payment of the balance duty of Rs. 2,91,60,885/- within 30 days.
2. Immunity from prosecution under the Customs Act, 1962.
3. Payment of simple interest at 10% per annum for 36 consignments.
4. Payment of a penalty of Rs. 40 lakhs within 30 days.

The settlement would be void if obtained by fraud or misrepresentation, and the applicant was reminded of the provisions under Section 127H regarding immunities.

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