2004 (2) TMI 637 - Commission - Customs

Summary

Issues Involved:
1. Duplication of demand for customs duty.
2. Eligibility for duty drawback.
3. Immunities from interest, penalty, prosecution, and fine.

Detailed Analysis:

1. Duplication of Demand for Customs Duty:
The main applicant company imported Global Marine Distress Safety System (GMDSS) equipment and other stores without payment of duty or filing a Bill of Entry, using the transshipment procedure under Sections 86 and 87 of the Customs Act. The show cause notice (SCN) demanded duty of Rs. 65,71,008/-. Initially, the company admitted a liability of Rs. 51,31,763/-, contending that there was a duplication of demand amounting to Rs. 18,20,774/-. This was later corrected to Rs. 6,05,949/-, resulting in a net admitted liability of Rs. 45,25,814/-. After considering a drawback claim, the total admitted liability was Rs. 59,65,059/-. The Settlement Commission confirmed the duplication of demand to the extent of Rs. 6,05,949/-.

2. Eligibility for Duty Drawback:
The applicant claimed a duty drawback of Rs. 13,23,575/- under customs notification No. 19 of 6-2-1965, arguing that the GMDSS equipment was re-exported within the stipulated period. The revenue representative contested this claim, citing Section 74(1)(B) of the Customs Act and Rule 5 of the Re-Export of Imported Goods (Drawback of Customs Duties) Rules, 1995, arguing that the claim was time-barred and the title of the goods did not pass to a purchaser. The Settlement Commission found that the issue of duty liability at the time of clearance was separate from the drawback claim, which pertains to export incentives and is beyond the scope of the settlement proceedings. Therefore, the Commission did not allow the drawback claim but left it open for the applicant to pursue in the appropriate forum.

3. Immunities from Interest, Penalty, Prosecution, and Fine:
The Commission noted that the applicant had admitted their full and true duty liability of Rs. 59,65,059/-, which was acceptable to the Revenue. The applicant had also cooperated fully with the proceedings and paid a substantial amount of the duty before filing for settlement. Taking into account these factors and the previous practice of allowing transshipment procedures, the Commission granted immunity from interest, penalty, prosecution, and fine in lieu of confiscation under the provisions of the Customs Act, 1962. The co-applicant, the Executive Director, was also granted similar immunities.

Conclusion:
The applications were settled with the following terms and conditions:
1. Duty liability on the main applicant was settled at Rs. 59,65,059/-, which had already been deposited.
2. Immunity was granted from interest, penalty, prosecution, and fine under the Customs Act.
3. The co-applicant was granted immunity from penalty and prosecution.

The immunities are subject to withdrawal if it is found that any material particulars were withheld or false evidence was given. The applicants were also reminded of the provisions under Sub-Sections (2) and (3) of Section 127C of the Customs Act.