2004 (12) TMI 642 - Commission - Customs

Summary

Issues: Settlement of customs duty liability, waiver of interest, grant of immunities, Modvat credit benefit, compliance with statutory provisions.

Settlement of Customs Duty Liability:
The case involved an application for settlement by a company and its directors regarding the proceedings initiated against them for non-fulfillment of export obligations related to imported Capital Goods. The company imported goods under Notification 160/92-Cus. and could only fulfill 64% of the export obligation by the specified date. The Settlement Commission noted that the duty liability was admitted and recovered through a Bank Guarantee. The total amount of differential duty recovered was Rs. 9,46,180, comprising Basic Customs Duty and CVD. The Commission observed no intention to evade duty and granted immunities considering the cooperation of the applicants during the proceedings.

Waiver of Interest:
The applicant's advocate argued against the demand for interest, citing the absence of such provision in the relevant notification. However, the Commission referred to a Bombay High Court judgment stating that interest becomes chargeable if the applicant had given an undertaking to pay interest. Despite no provision for interest in the notification, the Commission decided to grant immunity from interest exceeding 10% simple interest per annum due to the applicant's cooperation.

Grant of Immunities:
The Settlement Commission granted immunity from penalty and prosecution under the Customs Act to the main applicant company and its directors. The co-applicants were also granted similar immunities in line with the main applicant. Additionally, the Revenue was directed to calculate and communicate the interest payable within 15 days for compliance by the applicant.

Modvat Credit Benefit:
The applicant's advocate argued that the company, being a manufacturer importer, was eligible to avail Modvat credit. Referring to previous decisions, the advocate sought directions for the applicant to claim the Modvat benefit, which was supported by the Settlement Commission's order in a similar case.

Compliance with Statutory Provisions:
The Settlement Commission settled the application under Section 127C(7) of the Customs Act, 1962, outlining terms and conditions for duty liability, immunities, and interest payment. The immunities granted were subject to withdrawal if any material particulars were withheld or false evidence was given during the settlement process. The applicants were reminded of the statutory provisions under Section 127H(2) and (3) of the Customs Act, 1962 to ensure compliance with the order.