2006 (1) TMI 532 - Commission - Central Excise

Summary

Issues Involved:
1. Duty demand and liability under Customs and Central Excise Acts.
2. Verification of examination reports and consumption details.
3. Validity of statements and documentary evidence.
4. Eligibility for immunity from interest, penalty, and prosecution.

Detailed Analysis:

1. Duty demand and liability under Customs and Central Excise Acts:

The applicant filed applications under Section 32E of the Central Excise Act, 1944, and Section 127B of the Customs Act, 1962, for settlement of proceedings initiated by Show Cause Notices. The Customs department demanded a differential duty of Rs. 47,35,822/- and proposed fines, penalties, and interest, while the Central Excise department proposed disallowance of Cenvat credit and demanded penalties. The applicant admitted duty liabilities of Rs. 7,44,402/- for Customs and Rs. 1,81,519/- for Central Excise.

2. Verification of examination reports and consumption details:

The Bench directed the Commissioner (Investigations) to verify various aspects, including examination reports of Bills of Entry, transportation documents (Form XX-A and Form XXVII), consumption details in Form IV Register, and production records. The investigation confirmed the genuineness of the documents and the correctness of the applicants' claims. The Customs authorities had thoroughly examined the imported scrap and defective coils, confirming their descriptions matched the Bills of Entry.

3. Validity of statements and documentary evidence:

The applicant's advocate argued that the department relied on uncorroborated statements obtained under duress, which were later retracted. The Bench noted that uncorroborated retracted statements cannot be the basis for duty demands, referencing several legal precedents. The applicants provided substantial documentary evidence, including Form XX-A, Form XXVII, freight payment details, and production records, confirming the receipt and use of imported scrap in manufacturing, except for 199.937 MTs. The department did not dispute these documents.

4. Eligibility for immunity from interest, penalty, and prosecution:

The applicants requested immunity from interest, penalty, and prosecution, having already paid Rs. 35,20,245/- during the investigation. The Bench granted immunity under Section 127H(1) of the Customs Act, 1962, and Section 32K(1) of the Central Excise Act, 1944, recognizing the applicants' cooperation and the overwhelming evidence supporting their claims. The settlement was conditioned on the absence of fraud or misrepresentation.

Conclusion:

The Bench settled the Customs case at a duty liability of Rs. 7,44,402/- and the Central Excise case at Rs. 1,81,519/-, granting immunity from interest, penalty, and prosecution to the applicants and co-applicants. The settlement would be void if obtained by fraud or misrepresentation.