2001 (9) TMI 1073 - Commission - Central Excise

Summary

Issues:
1. Duty obligation under EPCG scheme not fulfilled.
2. Duty demand notice issued by Customs.
3. Application for settlement before the Settlement Commission.
4. Immunity from prosecution and imposition of penalty, fine, and interest.

Issue 1: Duty obligation under EPCG scheme not fulfilled
The applicant, a company, imported capital goods under the EPCG scheme but failed to meet the export obligation within the stipulated time frame. Despite an extension granted by the DGFT, the applicant could only fulfill a small portion of the export obligation, leading to a duty demand notice from Customs for the duty foregone amount.

Issue 2: Duty demand notice issued by Customs
Customs issued a duty demand notice against the applicant for the duty foregone amount of Rs. 11,72,566 along with interest. The applicant filed a declaration under the Kar Vivad Samadhan Scheme, which was rejected due to the issuance of the duty demand notice beyond the stipulated date.

Issue 3: Application for settlement before the Settlement Commission
The applicant filed an application before the Settlement Commission for settlement of the duty liability. After a series of hearings and submissions by both the applicant and the Revenue, the Commission allowed the application to proceed under Section 127C(1) of the Customs Act, directing the applicant to pay the admitted duty liability within a specified time frame.

Issue 4: Immunity from prosecution and imposition of penalty, fine, and interest
The Settlement Commission, after reviewing the case records and submissions, granted immunity to the applicant from prosecution for offenses under various acts, including the Customs Act and the Indian Penal Code. The Commission also provided immunity from the imposition of penalty and fine under the Customs Act related to the settled case. Additionally, the Commission granted immunity from payment of interest, citing a similar decision in another case.

In conclusion, the Settlement Commission approved the settlement, provided the applicant paid the remaining duty liability within the specified time frame. The Commission also directed the release of the Bond executed by the applicant upon payment of the balance amount. The order emphasized that it would be void if obtained through fraud or misrepresentation of facts.