2002 (11) TMI 447 - Commission - Customs

Summary

Issues: Settlement of Customs Duty Liability under EPCG Scheme

Analysis:
1. Non-Fulfillment of Export Obligation: The applicant, M/s. Vidhani Tex Pvt. Ltd., obtained an EPCG License for importing capital goods at a concessional rate of duty under the EPCG Scheme. However, they failed to fulfill the export obligation as required by the scheme, leading to demand notices for duty payment issued by the Assistant Commissioner of Customs.

2. Settlement Application: The applicant filed an application under Section 127B of the Customs Act, 1962 before the Settlement Commission, disclosing a duty liability of Rs. 8,49,469. During the hearing, they admitted additional duty liability for non-fulfillment of export obligation and requested for settlement, including encashment of a Bank Guarantee and payment of the balance amount in installments due to financial constraints.

3. Commission's Interim Order: The Settlement Commission allowed the application to proceed under Section 127C(1) of the Customs Act, 1962. They directed encashment of the Bank Guarantee and ordered the applicant to pay the balance duty amount within 30 days.

4. Verification and Final Hearing: Subsequent hearings involved the applicant submitting export details, the Revenue verifying the claims, and requests for additional time to fulfill formalities. During the final hearing, the applicant accepted the entire duty liability of Rs. 9,51,253 and sought time to pay the balance amount.

5. Settlement Terms: Considering the case facts, the Commission settled the duty liability at Rs. 9,51,253, of which Rs. 8,49,469 was already paid. The applicant was directed to pay the balance amount within 30 days. Immunity was granted from fines, penalties, and prosecution. Interest was capped at 10% from the due date till payment. The settlement order would be void if obtained through fraud or misrepresentation.

This detailed analysis outlines the procedural history, applicant's submissions, Commission's orders, and the final settlement terms regarding the customs duty liability under the EPCG Scheme, providing a comprehensive overview of the legal judgment.