2003 (9) TMI 415 - Commission - Customs

Settlement Commission - Jurisdiction - Appeal, revision etc. - Departmental Clarifications - Settlement of case

Summary

Issues Involved:
1. Non-fulfillment of export obligation.
2. Demand for customs duty and interest.
3. Jurisdiction of the Settlement Commission.
4. Immunity from prosecution, penalty, and interest.
5. Admissibility of Cenvat credit.

Detailed Analysis:

1. Non-fulfillment of Export Obligation:
The applicant, engaged in manufacturing and selling refrigerators and washing machines, was issued two Advance Licenses with specific export obligations. Due to non-fulfillment of these obligations, the applicant was issued show cause notices and subsequently declared a defaulter by the Joint Director General of Foreign Trade (JDGFT), who directed the applicant to pay customs duty and interest.

2. Demand for Customs Duty and Interest:
The JDGFT's orders required the applicant to pay customs duty along with 24% interest. The applicant contested this, arguing that the relevant notification did not empower customs authorities to demand interest. Despite this, the Deputy Commissioner of Customs rejected the applicant's request for waiver of interest, leading the applicant to approach the Settlement Commission.

3. Jurisdiction of the Settlement Commission:
The DGFT and Revenue argued that cases of non-fulfillment of export obligations under DEEC are beyond the jurisdiction of the Settlement Commission. They cited Section 127B of the Customs Act, 1962, and a CBEC circular stating that such cases cannot be settled by the Commission. The Commission, however, referenced previous judgments (M/s. Bell Granito Ceramica Ltd. and M/s. Express Colour Scan Pvt. Ltd.) to assert its jurisdiction, stating that the Commission can admit such cases if the applicant is willing to pay the duty demanded.

4. Immunity from Prosecution, Penalty, and Interest:
The applicant requested immunity from interest, penalty, and prosecution under the Customs Act, citing compliance with the Commission's interim orders and full disclosure of duty liability. The Commission granted immunity from prosecution and penalty, noting the applicant's cooperation and true disclosure. Regarding interest, the Commission ruled that since the relevant customs notification did not provide for interest, the applicant was not liable to pay it under the Customs Act, 1962. However, the DGFT could take action under the Foreign Trade (Development & Regulation) Act, 1992.

5. Admissibility of Cenvat Credit:
The applicant's claim for Cenvat credit on the CVD portion was to be verified by the Commissioner (Customs) to determine eligibility based on records.

Conclusion:
The Commission settled the case with the following orders:
- The duty liability of Rs. 6,11,73,881/- was settled, with no further duty due.
- The admissibility of Cenvat credit was to be verified by the Commissioner (Customs).
- The applicant was granted immunity from prosecution and penalty under the Customs Act.
- The applicant was exempted from paying interest as there was no provision for it in the relevant customs notification, but the DGFT could take action under the Foreign Trade (Development & Regulation) Act, 1992.

The Commission emphasized that any immunity granted would be withdrawn if the applicant failed to comply with the conditions or was found to have misrepresented facts.