2004 (9) TMI 112 - HC - Customs

Summary

Issues:
1. Interpretation of Section 129B(2) of the Customs Act, 1962 regarding misinterpretation of fact.
2. Application of the Kar Vivadh Samadhan Scheme (KVSS) in resolving disputes related to customs duty demands.

Issue 1: Interpretation of Section 129B(2) of the Customs Act, 1962 regarding misinterpretation of fact:
The case involved the Revenue seeking a direction to the Customs, Excise and Gold (Control) Appellate Tribunal to refer questions of law arising from an order regarding misinterpretation of facts under Section 129B(2) of the Customs Act, 1962. The Tribunal had dismissed Revenue's appeal as infructuous based on a declaration filed under the KVSS by the assessee. However, it was found that the declaration only pertained to one bill, not both bills in dispute. The High Court held that the Tribunal failed to verify facts and there was a mistake apparent in its order, leading to the restoration of the Revenue's appeal for final disposal.

Issue 2: Application of the Kar Vivadh Samadhan Scheme (KVSS) in resolving disputes related to customs duty demands:
The assessee had filed a declaration under the KVSS in respect of a disputed demand of customs duty. The Commissioner of Customs had accepted the explanation for one bill but confirmed the demand for another bill. The Tribunal dismissed Revenue's appeal based on the declaration without verifying the facts. The High Court found that the declaration only related to one bill, not both bills in dispute, and that the Tribunal erred in rejecting the rectification application by the Revenue. Consequently, the Tribunal's orders were vacated, and the Revenue's appeal was restored for final disposal.

In conclusion, the High Court clarified the misinterpretation of fact under Section 129B(2) of the Customs Act, 1962 and highlighted the importance of accurate application of the KVSS in resolving disputes related to customs duty demands. The judgment emphasized the need for thorough verification of facts by the Tribunal and upheld the rectification application by the Revenue, leading to the restoration of the appeal for further proceedings before the Tribunal.