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2016 (11) TMI 622 - HC - CustomsProsecution of respondent u/s 132 and 135 (1) (a) of the Customs Act, 1962 - compounding of offences - passing through green channel without declaring the goods - Held that - The statement made by the Petitioner in Annexure-2 contains the details which have been adverted to by the Supreme Court in the said judgment while dealing with the disclosure made by the Respondent before the Chief Commissioner of Customs at the time of seeking compounding of the offences. The Court is of the view that the Settlement Commission should reconsider the application of the Respondent after taking into account the judgment of the Supreme Court dated 25th January 2008 and after giving opportunity to the Respondent to demonstrate that notwithstanding the said judgment, the statement made in Annexure-2 to the application made before the CCESC should be accepted as a full and true disclosure of all the relevant facts - the Court set aside the orders dated 27th April 2006 and 12th July 2006 and remands the application of the Respondent to the CCESC for a fresh consideration - petition disposed off - matter remanded.
Issues: Challenge to orders by Customs and Central Excise Settlement Commission (CCESC), Disclosure requirements under Section 127B of the Customs Act, 1962, Full and true disclosure of facts, Reconsideration of application based on Supreme Court judgment.
1. Challenge to CCESC Orders: The Union of India challenged the orders dated 27th April 2006 and 12th July 2006 passed by the Customs and Central Excise Settlement Commission (CCESC). The second impugned order settled the duty liability at a specific amount, directed the release of confiscated goods, and granted immunity from interest and penalty. The challenge involved the Respondent's arrival from London carrying diamond earrings, subsequent arrest, and bail payment towards customs duty. 2. Disclosure Requirements under Section 127B: The Respondent initially filed an application for compounding offences under the Customs Act, 1962, which was accepted by the Chief Commissioner of Customs. Simultaneously, the Respondent applied to the CCESC for settlement under Section 127B. The Supreme Court later set aside the Chief Commissioner's order, emphasizing the importance of a full and true disclosure of all relevant facts. 3. Full and True Disclosure of Facts: The Respondent's application to the CCESC included a declaration of true disclosure and annexures detailing the circumstances of carrying the diamond earrings. The CCESC passed two orders, the first negating objections to the application's maintainability, and the second accepting the application based on the Respondent's disclosure and payment of the duty amount. The CCESC did not have the benefit of the Supreme Court's judgment at the time of passing these orders. 4. Reconsideration based on Supreme Court Judgment: The Court concluded that the CCESC should reconsider the application in light of the Supreme Court's judgment, allowing the Respondent to demonstrate the disclosure's full and true nature. The orders dated 27th April 2006 and 12th July 2006 were set aside, and the application was remanded to the CCESC for fresh consideration, scheduled for a specific date with the participation of both parties. In summary, the judgment addressed the challenge to CCESC orders, the disclosure requirements under Section 127B, the importance of full and true disclosure of facts, and the need for reconsideration based on the Supreme Court's judgment. The Court emphasized the significance of proper disclosure and remanded the application for a fresh review by the CCESC.
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