2003 (6) TMI 256 - Commission - Customs

Summary

Issues:
1. Application under Section 127B of the Customs Act, 1962 for non-fulfillment of export obligation against an advance license.
2. Calculation of duty liability and interest by Customs Authorities.
3. Interpretation of duty rate for assessment purposes under Notification 26/95.
4. Fulfillment of conditions under Section 127B of the Act for settlement.
5. Financial hardship claim and request for installment payment.
6. Adjustment of bank guarantee and deposited amount towards admitted liability.

Issue 1: Application under Section 127B of the Customs Act
The applicant, M/s. Expo India, filed an application under Section 127B of the Customs Act, 1962, due to the inability to fulfill the export obligation against an advance license. The applicant imported goods under an exemption notification but failed to meet the export requirements due to a global market recession.

Issue 2: Calculation of duty liability and interest
The Customs Authorities demanded a duty of Rs. 55,74,670/- along with interest for unutilized exempt material imported against the license. The applicant admitted a duty liability of Rs. 43,81,387/-, which was calculated by the Directorate General of Foreign Trade (DGFT).

Issue 3: Interpretation of duty rate for assessment
A discussion arose regarding the relevant duty rate for assessment purposes under Notification 26/95. The Revenue acknowledged that the assessment should refer to a nil duty assessment under the notification rather than the tariff rate, fulfilling the conditions of Section 127B of the Act.

Issue 4: Fulfillment of conditions for settlement
After examining the case records and submissions, the Settlement Commission found that the applicant met the conditions of Section 127B of the Act, allowing the application to proceed under Section 127C. The Commission directed the applicant to pay Rs. 21,87,719/- within 30 days.

Issue 5: Financial hardship claim
The applicant's request for installment payment due to financial hardship was not allowed as evidence of financial hardship was not submitted initially. The Advocate presented a provisional balance sheet showing pending amounts for realization, but balance sheets for the preceding years were not provided.

Issue 6: Adjustment of bank guarantee and deposited amount
The Commission directed the Commissioner to adjust the bank guarantee amount and the deposited sum of Rs. 8,00,000/- towards the admitted liability of Rs. 43,81,387/-. This adjustment was made in consideration of the settlement decision.

In conclusion, the Settlement Commission allowed the application to proceed, considered the duty liability, clarified the duty rate for assessment, and addressed the financial hardship claim while adjusting the bank guarantee and deposited amount towards the admitted liability.