2009 (7) TMI 1070 - Commission - Customs

Summary

Issues Involved:
Settlement under Section 127B of the Customs Act, 1962 for undervaluation of imports; Admittance of undervaluation by the Applicant; Application for settlement by the Applicant and Co-Applicants; Show Cause Notice issued under the Customs Act, 1962; Differential duty amount and interest paid by the Applicant; Request for immunity from penalty and prosecution; Adjustment of excess amount deposited; Granting of immunity from penalty and prosecution by the Settlement Commission.

Settlement Application and Undervaluation:
The case involved an application for settlement under Section 127B of the Customs Act, 1962 for undervaluation of imports. The Applicant and Co-Applicants sought settlement for the dispute of under-valuation of import of Gambier during a specific period. The investigation revealed undervaluation practices by the Malani Group of Industries to evade customs duty. The Applicant admitted the duty liability and made a full disclosure of the customs duty liability as per the Show Cause Notice without raising any disputes.

Show Cause Notice and Differential Duty:
A Show Cause Notice was issued to the Applicant under the Customs Act, 1962, reassessing the declared value and determining a differential customs duty amount. The Applicant had already deposited a significant amount towards the duty and interest during the investigation. The Applicant and Co-Applicant filed the settlement application admitting the entire differential duty amount along with interest.

Settlement Commission's Decision:
During the final hearing, the Applicant's representative pleaded for immunity from penalty and prosecution. The Revenue representative did not object to settling the case but raised concerns about the adjustment of an excess amount deposited. The Settlement Commission found that granting full immunity from penalty was not warranted due to the significant duty evasion and manipulation of invoices. However, the Commission granted immunity from penalty in excess of a specific amount and immunity from prosecution, subject to the payment of penalty within 30 days.

Immunities Granted and Conditions:
The Settlement Commission granted immunity from penalty exceeding a specified amount to the main Applicant and immunity from penalty to the Co-Applicants. Immunity from prosecution was also granted, provided the penalty was paid within the stipulated time frame. The terms and conditions for settlement were laid down under sub-section (5) of Section 127C of the Act, ensuring compliance with the settlement agreement.

Conclusion and Caution:
The order of settlement would be void if obtained by fraud or misrepresentation of facts. All parties concerned were duly informed about the terms of the settlement and the consequences of non-compliance. The Settlement Commission's decision provided a balanced approach considering the duty evasion, cooperation during the investigation, and promptness in payment, while also addressing the concerns raised by the Revenue representative.