2001 (8) TMI 1323 - Commission - Customs

Summary

Issues:
1. Import of GMDSS equipment under Customs duty exemption.
2. Allegations of misuse of Customs duty exemption.
3. Show Cause Notice issued for Customs duty recovery.
4. Application filed before the Settlement Commission.
5. Settlement terms and conditions.

Import of GMDSS equipment under Customs duty exemption:
M/s. Elcome Marine Services Pvt. Ltd., a ship repairing company, imported GMDSS equipment claiming exemption from Customs duty under specific Notifications. The equipment was installed on various vessels owned by different companies. The Directorate of Revenue Intelligence investigated the case based on suspicions of misuse of Customs duty exemptions.

Allegations of misuse of Customs duty exemption:
A Show Cause Notice was issued to M/s. Elcome Marine Services Pvt. Ltd. and the Managing Director, demanding Customs duty payment due to the alleged violation of Customs Notification provisions. The Notice raised concerns about the installation of GMDSS equipment on vessels not constituting "repair" as per the Notifications, leading to the demand for duty payment and other liabilities.

Show Cause Notice issued for Customs duty recovery:
The company and the Managing Director filed an application before the Settlement Commission, admitting the duty liability. The Commission admitted the application and allowed the adjustment of the admitted duty amount from the sum already deposited. The applicants requested immunity from interest, fines, penalties, and prosecution.

Application filed before the Settlement Commission:
During the hearing, the applicants presented arguments supporting their actions, emphasizing compliance with relevant regulations and the necessity of GMDSS installation for safety. The Commission admitted the application, considering the voluntary deposit made by the applicants and the absence of misrepresentation or fraud.

Settlement terms and conditions:
After reviewing the applications and records, the Commission admitted the applications under the Customs Act. The settlement terms included the full payment of admitted duty liability, immunity from fines, penalties, interest, and prosecution for the applicants. The settlement order emphasized that any fraudulent practices would render the settlement void.

This detailed analysis of the legal judgment highlights the issues surrounding the import of GMDSS equipment, allegations of misuse, the Show Cause Notice, the application before the Settlement Commission, and the final settlement terms and conditions set by the Commission.