2004 (8) TMI 600 - Commission - Customs

Summary

Issues: Settlement of duty liability, Immunity from penalties and prosecution

In this judgment by the Settlement Commission for Customs and Central Excise, the applicants sought settlement of proceedings initiated under a Show Cause Notice (SCN) regarding alleged misdeclaration of values in importing stallions and broodmares. The main applicant, a farm engaged in horse racing and breeding, was accused of intentionally misdeclaring values, resulting in a differential duty payment of Rs. 38,35,028. The SCN proposed revaluation of the horses, confiscation, interest, and penalties. The applicants admitted the allegations and the duty liability proposed in the SCN, leading the Bench to forego a detailed examination of the merits. During settlement hearings, it was noted that the main applicant had not submitted invoices from the sellers of the horses, only from brokers, which raised concerns about reflecting the true transaction value. The applicants, through their representative, acknowledged the duty liability, paid an excess amount even before the SCN was issued, and sought immunities from penalties, interest, and prosecution, as well as from confiscation.

The Settlement Commission found that the main applicant had accepted all allegations and the entire duty liability, cooperated with the proceedings, and paid the duty in full, even exceeding the demanded amount before the SCN. Consequently, the main applicant was deemed eligible for the sought immunities, leading to similar treatment for the co-applicants. The applications were settled under Section 127C(7) of the Customs Act, 1962, with the main applicant's differential duty liability adjusted from the excess payment made earlier. Immunity was granted to the main applicant and co-applicants from confiscation, fines, interest, penalties, and prosecution under the Customs Act, 1962. Specific attention was drawn to the provisions of Section 127H(3) regarding the granted immunities. The main applicant was allowed to apply for a refund of the balance amount, and the co-applicants were also shielded from penalties and prosecution under the Customs Act, 1962.