2008 (11) TMI 580 - HC - Customs

Writ jurisdiction - Scope of interference with order passed by Settlement Commission in exercise of writ jurisdiction of High Court is limited

Summary

Issues:
1. Interpretation of Section 127C(7) of the Customs Act, 1962 regarding Settlement Commission's jurisdiction.
2. Liability of the petitioner to pay interest on unpaid duty amount.
3. Scope of interference with Settlement Commission's order in writ jurisdiction.

Detailed Analysis:
1. The Writ Petitioners invoked the jurisdiction of the Settlement Commission under Section 127C(7) of the Customs Act, 1962. The Settlement Commission settled the duty liability of the petitioner in one case where imported patchouli oil was misdeclared, leading to evasion of customs duty. The Commission granted immunity from fine, penalty, and prosecution, while directing the petitioner to pay simple interest at 10% per annum on the unpaid duty amount. The Settlement Commission's decision was challenged through writ petitions before the single Judge.

2. The main contention in the writ petitions was the Settlement Commission's decision to levy interest on the unpaid duty amount at 10% per annum. The petitioners argued that since the Commission had waived other penalties, interest should also be exempted. The single Judge upheld the Settlement Commission's decision, noting that the Commission had consciously considered the settlement terms and interest payment. The Commission had reduced the interest liability from the potential 18% per annum to 10% per annum, granting immunity from other penalties.

3. The High Court, in its analysis, emphasized the limited scope of interference with the Settlement Commission's order in writ jurisdiction. It observed that the Commission had duly considered the proposal, applied its mind, and granted immunity from penalties. The Court agreed with the single Judge's finding that there was a conscious application of mind by the Commission. Therefore, the Court held that there was no merit in the appeals and dismissed the Writ Appeals, upholding the Settlement Commission's decision on interest payment and immunity from other penalties.