2005 (10) TMI 324 - Commission - Customs

Summary

Issues involved:
1. Interpretation of export obligation under EPCG scheme
2. Admission of application for settlement before the Commission
3. Objection to admission based on lack of additional disclosure
4. Consideration of Board's circular regarding duty liability disclosure
5. Jurisdiction of Settlement Commission over cases involving duty liability disclosure

Interpretation of export obligation under EPCG scheme:
The case involved a manufacturer who obtained an EPCG License for the import of capital goods at a concessional rate of duty. The license required the fulfillment of an export obligation within a specified period. The applicant imported goods but could not meet the export obligation, leading to a Show Cause Notice demanding duty payment. Another Show Cause Notice proposed penal action under the Foreign Trade Act. The applicant applied for settlement, admitting additional duty liability. The applicant's representative argued for a reduced admitted duty amount due to fulfilling export obligations already. The Customs department objected to the application, citing a Board's circular stating that the Settlement Commission cannot waive interest in cases like export obligations. However, the Bench rejected this objection, citing precedents where similar cases were entertained by the Commission.

Admission of application for settlement before the Commission:
The applicant fulfilled the conditions for admission under Section 127B of the Act. The applicant applied for settlement, admitting additional duty liability. The applicant's representative highlighted a mistake in the application regarding the admitted duty amount, which was lower due to fulfilling export obligations. The Bench allowed the application to proceed under Section 127C(1) of the Act, considering that the applicant met all conditions for admission.

Objection to admission based on lack of additional disclosure:
The Customs department objected to the admission of the application, referring to a Board's circular that Settlement Commission cannot waive interest in cases involving export obligations. The DGFT representative argued that the applicant was not entitled to the benefit of export obligation due to non-fulfillment of conditions. However, the Bench rejected the objection, citing precedents where similar cases were entertained by the Commission.

Consideration of Board's circular regarding duty liability disclosure:
The Customs department objected to the admission of the case based on a Board's circular stating that Settlement Commission cannot waive interest in cases involving duty liability disclosure. However, the Bench rejected this objection, citing precedents where similar cases were entertained by the Commission.

Jurisdiction of Settlement Commission over cases involving duty liability disclosure:
The Revenue objected to the admission of the case, arguing that the Settlement Commission cannot settle disputes where importers did not disclose duty liability before the proper officer. However, the Bench rejected this objection, citing precedents and High Court orders that such cases fall within the purview of the Settlement Commission. The Bench allowed the application to proceed, considering that the applicant fulfilled all conditions for admission.