2004 (11) TMI 442 - Commission - Customs

Summary

Issues:
Admission hearing for M/s. Frost International Ltd.; Duty liability disclosure and settlement application; Interpretation of notice from DGFT as a demand for customs duty.

Admission Hearing for M/s. Frost International Ltd.:
The applicant, M/s. Frost International Ltd., was granted an Advance Licence by the Jt. DGFT but failed to fulfill the export obligation. The applicant imported goods under this licence and later received a notice from the DGFT to deposit interest on the custom duty paid. The applicant deposited the duty with the Commissioner and filed a settlement application admitting the additional duty liability. The applicant requested admission based on fulfilling all conditions.

Duty Liability Disclosure and Settlement Application:
The applicant admitted full duty liability and made a true disclosure, which was acknowledged by the Revenue. The Revenue had not issued a show cause notice, and the investigation was completed. The Revenue agreed that the applicant fulfilled all conditions for admission. However, the Revenue had filed an SLP in the Supreme Court against another case, seeking time to know the decision. The applicant objected, citing the delay in filing the SLP and the prevailing law from the Gujarat High Court.

Interpretation of Notice from DGFT as a Demand for Customs Duty:
The notice from the DGFT to the applicant was analyzed to determine if it constituted a demand for customs duty. The Commission interpreted that the notice did not demand duty but sought verification of payment. The letter initiated a proceeding before the Jt. DGFT for cancellation of the Advance Licence based on duty payment verification. The Commission held that the notice gave birth to a proceeding for levy, assessment, and collection of customs duty, fulfilling the conditions for admission under Section 127B of the Customs Act. The application was allowed to proceed, and the deposited amount was adjusted against the additional duty liability.

Conclusion:
The Commission's detailed analysis of the issues involved in the case of M/s. Frost International Ltd. led to the admission of the settlement application based on the applicant's full disclosure and payment of duty liability. The interpretation of the notice from the DGFT clarified its role in initiating a proceeding related to customs duty collection. The decision highlighted the importance of compliance with statutory provisions and the conditions for admission to the Settlement Commission under the Customs Act, 1962.