2008 (7) TMI 326 - HC - Customs

Amnesty Scheme for advance licence holders - contention of the petitioners that it is on account of the Amnesty Scheme in the year 1997, the petitioners would be entitled to the certificate based on the reversed credit of Modvat in the year 1995 appears to be an after-thought with a view to come out from the consequence of imposition of the penalty - stand of the petitioner that in absence of the certificate issued or inaction on the part of the Department for issuance of the certificate as per the Scheme, the penalty could not be imposed also lacking bona fide appeal rejected

Summary

Issues:
- Petition for writ to direct decision on Amnesty Scheme certificates
- Challenge against penalty imposed by D.G.F.T. and appellate Authority

Analysis:
1. Petition for Writ on Amnesty Scheme Certificates:
The petitioners sought a writ to direct the respondents to decide their request for certificates under the Amnesty Scheme for value-based advance license holders. They also requested the issuance of appropriate certificates certifying the reversal of Modvat credit in accordance with the Amnesty Scheme. The petitioners contended that they had reversed the Modvat credit in 1995 and had been communicating with the authorities for the certificate since the introduction of the Amnesty Scheme in 1997. However, the authorities had not issued the certificate, leading to the imposition of a penalty by the D.G.F.T. The petitioners argued that they should be entitled to the certificate based on the reversed credit of Modvat in 1995 due to the Amnesty Scheme of 1997.

2. Challenge Against Penalty Imposed:
The respondents, on the other hand, argued that the records were not available as they are preserved for only five years. They stated that the alleged reversal of Modvat credit in 1995 occurred before the introduction of the Amnesty Scheme in 1997. The respondents contended that no further steps were taken by the petitioners after the scheme was introduced, leading to the imposition of a penalty by the D.G.F.T. The court noted that the petitioners' argument regarding entitlement to the certificate based on the Amnesty Scheme seemed to be an afterthought to avoid the penalty. The court observed that there was a lack of evidence to show that the petitioners raised this contention before the penalty was imposed. Additionally, the court highlighted the petitioners' inaction for a significant period after the last correspondence in 2002 regarding the reverse Modvat credit.

3. Court's Decision:
The court concluded that the petitioners' claim for the certificate based on the Amnesty Scheme could not be supported. It noted the petitioners' delay in pursuing the matter and their lack of genuine efforts to address the issue in a timely manner. The court found that the petitioners had not shown sufficient diligence in asserting any rights that may have arisen from the communication in 1995. Consequently, the court rejected the petitioners' plea for interference, stating that no case was made out for granting the writ or challenging the penalty imposed by the authorities.