2003 (11) TMI 98 - HC - Customs

Summary

Issues:
1. Interpretation of Kar Vivad Samadhan Scheme ('KVSS') in relation to penalty liability.
2. Liability of petitioners for misdeclaration in Import General Manifest ('IGM').
3. Applicability of penalty on petitioners in relation to actions of principal noticee.
4. Relevance of settlement by principal noticee on penalty liability of co-noticees.

Analysis:
1. The petitioners claimed entitlement to KVSS benefit due to the principal noticee's declaration and acceptance under KVSS. Respondents argued that penalty on petitioners was separate from principal noticee's liability, hence unaffected by KVSS settlement.

2. The case involved misdeclaration in the IGM filed by petitioners as agents of principal noticee. Customs authorities issued show cause notice leading to penalty imposition on both principal noticee and petitioners.

3. Customs Department imposed penalty on both principal noticee and petitioners under the Customs Act. Petitioners contended that if principal noticee's penalty under KVSS was accepted, co-noticees should be absolved of liability.

4. The Court analyzed the joint actions of principal noticee and petitioners in the misdeclaration, emphasizing that petitioners acted on behalf of principal noticee. It concluded that settlement by principal noticee should apply to co-noticees as well, as their actions were intertwined.

5. The Court referenced the Apex Court's decision in a similar case to support the petitioners' argument. It distinguished another case where liability arose from different acts, unlike the present situation where liability stemmed from the same action.

6. Ultimately, the Court ruled in favor of the petitioners, stating that the settlement by the principal noticee under KVSS absolved the petitioners of penalty liability. The decision aligned with the principle that co-noticees' liability can be affected by the settlement of the main declarant.

7. The judgment clarified that the liability of the petitioners was connected to the actions of the principal noticee, and therefore, the acceptance of the declaration by the principal noticee under KVSS had a direct impact on the petitioners' penalty liability.