2003 (6) TMI 443 - Commission - Customs

Summary

Issues:
1. Settlement application filed by M/s. Raghu Exports regarding proceedings initiated by the Commissioner of Customs.
2. Allegations of importing used goods violating EXIM Policy and discrepancies in declared value.
3. Proposed actions in the Show Cause Notice (SCN) including duty enhancement, confiscation, and penalty imposition.
4. Applicant's admission of duty liability, request for early hearing, and permission to sell goods.
5. Arguments presented by the Advocate and Inspector of Customs during the hearing.
6. Bench's consideration of facts, relevant policy provisions, and decision on allowing the sale of goods.
7. Eligibility of the applicant for immunities under the Customs Act.
8. Settlement terms and conditions including duty settlement, immunities from penalty and prosecution, and fine imposition on previously cleared goods.

Analysis:
1. The judgment pertains to a settlement application by M/s. Raghu Exports concerning proceedings initiated by the Commissioner of Customs. The applicant imported used goods, including monitors, CPUs, mouse, and keypads, leading to discrepancies in declared value and alleged violations of the EXIM Policy. The Show Cause Notice proposed duty enhancement, confiscation, and penalties under the Customs Act.

2. During the hearing, the applicant admitted duty liability, requested an early hearing, and sought permission to sell the goods due to financial concerns. The Advocate argued for relaxation based on amended policy provisions, while the Inspector of Customs objected, emphasizing the restrictions at the time of import and the applicant's trading nature.

3. The Bench considered the facts, highlighting the import date's relevance for policy applicability. It noted the restriction on selling second-hand capital goods within two years of import without DGFT permission. The applicant's request to sell before this period was denied, suggesting approaching the DGFT for approval.

4. The judgment acknowledged the applicant's full disclosure of duty liability, cooperation, and acceptance of the Chartered Engineer's valuation. It recognized the removal of sales restrictions on second-hand goods post-amendment and the lack of violation in previous imports. Consequently, the case was settled under Sec. 127C(7) of the Customs Act.

5. The settlement terms included duty settlement, immunities from penalty and prosecution for specific goods, and a fine imposition on previously cleared items. The immunities granted were subject to withdrawal if any withheld information or false evidence came to light, as per Sec. 127H of the Customs Act.