2005 (5) TMI 605 - Commission - Customs

Summary

Issues:
Settlement of customs duty, waiver of interest, immunity from penalty and prosecution.

Analysis:
The case involved an application by a company for settlement of their case regarding the waiver of interest on customs duty. The company had imported scrap for manufacturing steel products but could not fulfill export obligations due to market conditions. The company sought an extension which lapsed, leading to the payment of customs duty and interest. The company approached the Settlement Commission for waiver of interest and immunities against penalty and prosecution. The Revenue had no objection to admitting the settlement application but insisted on the payment of interest as per the contractual obligation. The Commission examined the facts and noted the duty payment but observed the absence of a formal Show Cause Notice. Referring to legal precedents and policies, the Commission decided that the applicant was liable to pay interest on the duty as per the contractual terms and legal provisions. The Commission granted immunity from penalty and prosecution but required the payment of interest within 15 days to settle the case. The settlement would be void if obtained through fraud or misrepresentation, with provisions under the Customs Act highlighted for the applicant's attention.