2001 (3) TMI 319 - Commission - Customs

Issues Involved:

1. Duty liability under DEEC Scheme.
2. Adjustment of deposits towards duty liability.
3. Immunity from prosecution and penalties.
4. Interest on duty liability.
5. Validity and admissibility of applications under Section 127B of Customs Act, 1962.
6. Verification of export obligations and related data.
7. Procedural compliance and submission of relevant documents.

Detailed Analysis:

1. Duty Liability under DEEC Scheme:

The applicants, engaged in the manufacture and export of pharmaceutical products, imported raw materials duty-free under the DEEC Scheme but failed to fulfill the export obligations due to a steep fall in international prices and cancellation of export orders. Consequently, the DRI issued a show-cause notice demanding Rs. 87,80,811/- in duty. The applicants admitted to a duty liability of Rs. 87,98,379/- and sought settlement of the case under Section 127B of the Customs Act, 1962.

2. Adjustment of Deposits towards Duty Liability:

During the hearings, the applicants requested the adjustment of the deposited amount towards their disclosed duty liability. The Revenue was directed to verify the sub-heads of the challans and the amount encashed from bank guarantees. The applicants later admitted an additional Rs. 2,00,000/- towards interest, bringing the total admitted duty liability to Rs. 89,98,379/-.

3. Immunity from Prosecution and Penalties:

The Settlement Commission granted immunity from prosecution under the Customs Act, 1962, and the Indian Penal Code, considering the applicants' cooperation and full disclosure of duty liability. The Commission emphasized that the applicants had no mala fide intention and had always paid their dues on time.

4. Interest on Duty Liability:

The Commission deliberated on the interest applicable under Notification No. 149/95-Cus., which mandates a 24% per annum interest for non-compliance with DEEC conditions. However, considering the applicants' cooperation and the circumstances leading to non-fulfillment of export obligations, the Commission reduced the interest rate to 10% per annum. The applicants were directed to pay Rs. 23,00,026/- in interest, with Rs. 2,00,000/- already paid, and the remaining amount to be settled within 30 days.

5. Validity and Admissibility of Applications under Section 127B:

The applications filed by the applicants and the co-noticee were examined for compliance with Section 127B of the Customs Act. The Commission allowed the applications to proceed under Section 127C(1) after verifying that the applicants had made full and true disclosures of their duty liabilities.

6. Verification of Export Obligations and Related Data:

The Commission directed the Commissioner (Investigation) to verify the bills of entry, shipping bills, and DEEC Books to ensure the correctness of the admitted duty liability. The investigation confirmed that the applicants admitted Rs. 818/- more than the duty demanded, and the data submitted by the applicants was cross-checked with the Revenue's records.

7. Procedural Compliance and Submission of Relevant Documents:

The applicants were directed to submit proof of the shelf life of the goods, evidence of impurity aspects, and a cost analysis of import ingredients, manufacturing processes, and exports. The applicants provided sales extracts, US Pharmacopoeia copies, and a report on the shelf-life of the product but could not submit documentary evidence of the fall in international prices due to a strike at CHEMEXCIL.

Conclusion:

The Settlement Commission, after considering the facts and circumstances, passed the following terms of settlement under Section 127C(7) of the Customs Act, 1962:
- The applicants made full and true disclosures and paid the admitted duty liability.
- Immunity from prosecution under the Customs Act and IPC was granted.
- A reduced interest rate of 10% per annum was applied, with the applicants required to pay the remaining interest amount within 30 days.

The order would be void if found to be obtained by fraud or misrepresentation.

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