2003 (6) TMI 444 - Commission - Customs

Summary

Issues:
Settlement of duty liability under EPCG licence, failure to achieve export obligation, request for reduction in interest rate, grant of immunities from penalty and prosecution.

Settlement of Duty Liability under EPCG Licence:
The judgment pertains to an application for settlement of duty liability by a company under an EPCG licence. The company failed to fulfill the export obligation despite importing capital goods under the said licence. The duty foregone was admitted and realized by the Revenue. The applicant accepted the failure to achieve the export obligation and did not seek a reduction in duty demand. The key issue was the consideration of immunities prayed for by the applicant.

Failure to Achieve Export Obligation:
The applicant failed to meet the export obligation stipulated in the EPCG licence, leading to the issuance of a Show Cause Notice (SCN). Despite claiming to have exported goods amounting to a small percentage of the total obligation, the applicant accepted the duty foregone and did not contest the allegations in the SCN. The judgment highlighted the applicant's failure to fulfill the export obligation as a crucial factor in the settlement process.

Request for Reduction in Interest Rate:
The applicant's advocate argued for a reduction in interest on the additional Customs duty, emphasizing that the applicant could have paid the duty and availed Cenvat credit. The advocate pointed out the retrospective reduction in the interest rate to 15% under the Finance Act, 2003. However, the Settlement Commission maintained its stance on granting immunity in excess of 10% simple interest, considering all relevant factors, including market rates.

Grant of Immunities from Penalty and Prosecution:
The Settlement Commission granted immunities from penalty and prosecution under the Customs Act, 1962, to the applicant. The judgment highlighted that the applicant made a full and true disclosure of duty liability, cooperated with the Commission, and explained the failure to export goods due to issues with a joint venture partner. The immunities were provided subject to the conditions outlined in the Customs Act, with a warning of withdrawal if false evidence or material particulars were later discovered.