2005 (6) TMI 341 - Commission - Customs

Issues:
1. Withdrawal of immunity granted to the respondent by the Settlement Commission.
2. Misuse of Advance Licence Scheme by the respondent.
3. Allegations of misdeclaration and diversion of goods.
4. Show cause notice issued under the F.T. (D & R) Act, 1992.
5. Review application filed by the Revenue challenging the settlement order.
6. Arguments regarding suppression of facts and misleading the Commission.
7. Respondent's defense and reference to similar past cases.
8. Examination of evidence and decision on the withdrawal of immunity.

Analysis:
1. The judgment pertains to a Misc. Application filed by the Addl. Director General, Directorate of Revenue Intelligence, seeking to withdraw the immunity granted to the respondent, M/s. Frost International Ltd., by the Settlement Commission. The immunity was granted in a Final Order dated 23-11-2004 under the Customs Act, confirming Customs duty at Rs. 1,18,29,253/- and providing protection from fine, penalty, and prosecution.

2. The respondent was found misusing the Advance Licence Scheme by exporting inferior substitute material misdeclared as Garlic Powder. Additionally, there were allegations of diversion and sale of duty-free imported goods in the domestic market, violating the conditions of the Advance Licence.

3. A show cause notice was issued to the respondent under the F.T. (D & R) Act, 1992, leading to the case being settled by the Commission with full immunity granted to the respondent. The Revenue later filed a Review Application challenging the settlement order.

4. During the review, the Revenue argued that the Commission's order did not address the export of earthy material misdeclared as garlic powder, which is an independent offense under the Customs Act. The Revenue contended that the respondent had misled the Commission by claiming to be cheated by supporting manufacturers, while no actual manufacturing took place, and goods were diverted into local markets.

5. The respondent defended by stating that the Revenue was aware of the case facts and had previously argued the same points during the final hearing. The respondent had admitted and paid the duty foregone, suggesting that any grievances should be addressed at a higher forum.

6. The Bench examined the evidence and found that the Revenue's arguments were not new and that the respondent had cooperated during the investigation. The Final Order settled the case comprehensively, and no new evidence was presented to justify the withdrawal of immunity, leading to the rejection of the Misc. Application.

7. Ultimately, the Bench rejected the application for withdrawal of immunity, highlighting the lack of merit in the Revenue's contentions and informing all concerned parties accordingly. The decision was based on a thorough examination of the facts presented during the proceedings and the legal provisions under the Customs Act.

This detailed analysis encapsulates the key issues, arguments presented by both parties, and the final decision rendered by the Settlement Commission in response to the Misc. Application seeking withdrawal of immunity granted to the respondent.

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