2001 (6) TMI 227 - Commission - Customs

Summary

Issues:
Application for settlement of a case pending adjudication; Non-filing of Bill of Entry as objection for admission of application; Full disclosure of duty liability; Ownership of goods by importer; Verification of duty liability; Acceptance of determined value by applicant; Redemption of goods; Sanction for prosecution; Settlement Machinery jurisdiction.

Analysis:
The applicant filed an application for settlement of a case pending adjudication concerning mis-declaration of goods upon arrival at the Bangalore International Airport. The Customs officer assessed the value of the goods to be higher than declared, leading to detailed examination and subsequent arrest of the applicant under the COFEPOSA Act of 1974. The application satisfied the conditions under Section 127B of the Customs Act, 1962, despite objections from the respondent Commissioner regarding the non-filing of a Bill of Entry. The Advocate argued that the oral and written declarations made by the applicant fulfilled the necessary requirements, and the duty amount was offered in accordance with relevant customs regulations.

The Revenue did not appear at the hearing, but sent a report objecting to the admission of the application based on the non-filing of a Bill of Entry. The Settlement Commission noted that for baggage goods, the requirement of filing a Bill of Entry, as per Section 46, did not apply, and the application could proceed without it. The Commission agreed with the Advocate that any person, not just the importer or exporter, could disclose duty liability under Section 127B(1) of the Customs Act, 1962. The Commission emphasized that the applicant's admission of the determined value and duty liability was crucial for the settlement process.

Despite objections raised by the Revenue, the Commission allowed the application to proceed, as the conditions of Section 127B were met. The Commission directed the adjustment of the admitted amount from the sale proceeds of the goods. The exclusive jurisdiction of the Settlement Commission under Section 127F of the Customs Act, 1962 was invoked upon admission of the application, granting the Commission the authority to handle the case and make necessary decisions. The Commission highlighted the purpose of the Settlement Machinery as providing a chance for tax-evaders to rectify their actions, in line with the Wanchoo Committee recommendations.