2005 (6) TMI 417 - Commission - Customs

Summary

Issues:
1. Misdeclaration of quantity and year of manufacture of imported goods.
2. Classification and valuation of imported goods.
3. Duty liability admission and settlement.
4. Granting of immunities from penalty, interest, and prosecution.

Issue 1: The case involved the misdeclaration of quantity and year of manufacture of imported goods, specifically Dornier Rapier Jacquard Shuttle less looms. The applicant attempted to import restricted goods by affixing duplicate serial numbers to mislead the Revenue into believing the goods were less than 10 years old. Additionally, the classification of "Gantry" structures, used for installation but not part of the looms, was contested. The misdeclaration led to the detention and subsequent seizure of the goods.

Issue 2: The classification and valuation of the imported goods were crucial in determining the duty liability. The imported Dornier Rapier looms were incorrectly classified under a concessional duty notification, leading to a discrepancy in the duty amount claimed. The misdeclaration of the goods' age and the incorrect classification of the Gantry structures raised issues regarding duty assessment and valuation.

Issue 3: The applicant admitted a duty liability of Rs. 4,25,320 initially but later admitted the full amount of duty liability demanded in the Show Cause Notice, amounting to Rs. 8,50,640. The case was admitted for final hearing after the Revenue confirmed the deposit made by the applicant. The Settlement Commission allowed the adjustment of the admitted duty liability from the Revenue deposit made at the time of provisional release of the goods.

Issue 4: The Settlement Commission granted immunities from penalty, interest, and prosecution based on the applicant's full disclosure, cooperation during proceedings, and the excess revenue deposit made. However, immunity from prosecution under other Acts was not granted as those authorities were not party to the proceedings. The immunities were provided under Section 127H(1) of the Customs Act, with a provision that the settlement would be void if obtained through fraud or misrepresentation of facts.