2005 (3) TMI 694 - Commission - Customs

Summary

Issues: Settlement application under Section 127B of the Customs Act, 1962 for evasion of customs duty through under valuation of imported horses; Grant of immunities from penalty, prosecution, and interest; Application of legal principles regarding financial accommodation and mala fide intentions in determining interest liability.

Detailed Analysis:

1. Settlement Application under Section 127B: The case involved the applicants engaged in horse racing and breeding, who imported horses and allegedly evaded customs duty through under valuation. A show cause notice was issued demanding customs duty, which the applicants admitted and filed settlement applications under Section 127B of the Customs Act, 1962. The applicants sought relief from penal action and immunity from prosecution under the Act.

2. Grant of Immunities: The final hearing saw the applicants admitting the entire duty liability and requesting immunity from fine, penalty, and prosecution. The Revenue opposed the grant of immunities citing insufficient disclosure. However, the Bench found the opposition unreasonable as the duty was admitted, leading to the grant of immunities. The settlement terms included immunity from penalty and prosecution for both applicants and co-applicants.

3. Interest Liability: While the applicants sought full immunity from interest, the Bench considered the principle of financial accommodation derived from mala fide intentions. It was noted that the applicants hid the transaction values of the horses, justifying the levy of interest. Referring to legal precedents, the Bench held that total immunity from interest should not be granted in cases involving mala fide actions. Consequently, the Bench decided to levy simple interest at 10% per annum on the duty element, granting immunity from interest in excess of 10% p.a.

4. Legal Principles and Compliance: The immunities granted were in accordance with Section 127H(1) of the Act. The order specified that if obtained by fraud or misrepresentation of facts, it would be void. The applicants were directed to calculate and deposit the interest amount within 30 days, confirming compliance with the Revenue and reporting to the Commission.

5. Conclusion: The settlement order addressed the duty liability, penalties, prosecution, and interest, ensuring compliance with legal provisions and considerations of financial accommodation and mala fide intentions in determining the interest liability. The applicants were granted immunities as per the settlement terms, subject to compliance and non-fraudulent acquisition of the settlement order.