2004 (3) TMI 556 - Commission - Customs

Summary

Issues:
Transfer of Settlement Applications from Chennai to Mumbai Bench before the Settlement Commission for Customs and Central Excise.

Analysis:
The case involved a request for the transfer of Settlement Applications filed by M/s. Sun Pharmaceuticals Industries Limited and 12 others from the Chennai Bench to the Mumbai Bench before the Customs and Central Excise Settlement Commission. The Applications sought settlement of proceedings initiated against them in a Show Cause Notice alleging diversion of imported goods involving a substantial Customs Duty without following procedures under the Customs Law. The applicants argued that after a merger, it would be more convenient for them to address the allegations and seek settlement in Mumbai where their Corporate Office, executives, and Advocates are located.

The Revenue objected to the transfer, citing practical difficulties such as the location of the factory, availability of records, and the presence of noticees near Chennai. The Revenue highlighted the cost and logistical challenges of transferring records and officers to Mumbai. Additionally, the Revenue emphasized the efficiency and cost-effectiveness of conducting the proceedings in Chennai due to the proximity of involved parties and resources.

Upon considering the submissions from both sides, the Judge referred to the powers vested in the Chairman under Section 32C of the Central Excise Act, allowing for the transfer of cases between Benches. The Judge acknowledged the jurisdiction of the Chennai Bench as per the Customs and Central Excise Settlement Commission Procedure. The Advocate for the applicants argued that similar transfers are allowed in CESTAT appeals without objections based on location. The Advocate also pointed out Public Notices from CESTAT supporting filing appeals based on the appellant's Head Office location, suggesting that logistical challenges should not hinder the transfer process as long as both parties have a fair opportunity to present their cases.

The Judge addressed the Revenue's objections regarding the admitted duty liability being significantly lower than the amount in the Show Cause Notice. The Judge noted that these observations did not arise from a detailed review of records and could potentially impact the applicants' ability to defend their case effectively. To ensure justice and fair play, the Judge decided to transfer the case to the Mumbai Bench for disposal, exercising powers under Section 32C of the Central Excise Act, applicable to Customs Act proceedings as well.

In conclusion, the Judge ordered the transfer of the case from the Chennai Bench to the Mumbai Bench for the Settlement Commission, allowing M/s. Sun Pharmaceuticals Industries Limited and the other applicants to address the allegations and seek settlement in a more convenient location.