2003 (8) TMI 467 - Commission - Customs

Summary

Issues:
Settlement of proceedings initiated against applicants by Addl. Director General, DGCEI, Zonal Unit, Bangalore based on diversion of imported fabrics, applicability of Section 123 of the Customs Act, 1962 to the goods involved, admissibility of applications for settlement under Section 127B(1) in light of the third proviso.

Analysis:
The main applicant, a 100% EOU engaged in manufacturing and exporting ready-made garments, faced proceedings for allegedly diverting imported fabrics for unauthorized purposes. The officers of DGCEI conducted search operations and concluded that the applicant clandestinely removed duty-free imported fabrics, sold them without proper procedures, and diverted them to other parties. The impugned Show Cause Notice (SCN) demanded duty payment based on these findings, leading to the filing of settlement applications by the main applicant and six others.

During a hearing, the applicability of Section 123 of the Customs Act became a focal point. The ADG, DGCEI, Bangalore asserted that goods like Polyester Satin Fabrics and Nylon fabrics were covered under Section 123, while the applicants' advocate argued against its applicability, citing legitimate importation and exemption under Customs Notification 53/97. The advocate referenced a Calcutta High Court judgment to support his stance.

The Bench deliberated on the third proviso to Section 127B(1), which prohibits settlement applications concerning goods falling under Section 123. It clarified that the burden of proof aspect from the Calcutta High Court judgment was not relevant to the admissibility of settlement applications. The Bench emphasized that even if goods were lawfully imported, Section 123's application would bar settlement applications related to those goods. Consequently, the main applicant's application and those of the other six were rejected under Section 127C(1) of the Customs Act, 1962.

In conclusion, the judgment centered on the interpretation of Section 123's applicability, the conditions for admitting settlement applications under Section 127B(1), and the impact of the third proviso on applications related to goods covered by Section 123. The decision highlighted the importance of statutory provisions in determining the admissibility of settlement applications in customs proceedings.