2003 (7) TMI 409 - Commission - Customs

Summary

Issues:
Settlement of duty liability under DEEC Scheme for import of brass scrap, fulfillment of export obligations in terms of value and quantity, application for settlement before the Settlement Commission, rejection of the application due to failure to disclose duty liability exceeding Rs. 2.00 lakhs.

Analysis:
The case involved an applicant, a manufacturer and exporter of brass handicrafts, who imported brass scrap under an advance license but failed to fulfill the export obligation in terms of quantity. A show-cause notice was issued proposing duty payment, interest, and penalty under the Customs Act. The applicant sought settlement, claiming partial fulfillment of export obligations and requesting acceptance of the discharge of obligations. However, during the hearing, the applicant's advocate requested an adjournment, citing the need to calculate the duty liability, while no representation was made on behalf of the Revenue.

The Settlement Commission noted discrepancies in the application format and the assertion of no duty liability by the applicant. As per Section 127B of the Customs Act, disclosure of duty liability exceeding Rs. 2.00 lakhs is a prerequisite for approaching the Settlement Commission. Since the applicant claimed no duty liability, the Commission deemed it not a fit case for proceedings and rejected the application under Section 127C(1) of the Customs Act, 1962. The applicant was, however, given the liberty to reapply if all conditions of Section 127B were met at any stage of the case.

In conclusion, the judgment highlighted the importance of accurate disclosure of duty liability exceeding the specified threshold for seeking settlement before the Settlement Commission. The rejection of the application due to the failure to meet this threshold underscored the statutory requirements for approaching the Commission and the need for compliance with the provisions of the Customs Act.