9911796707
TMI Blog2001 (8) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... 14593, dated 22-11-1996 by DGFT for permitting duty free import of raw materials, components etc. The applicant discharged the export obligation as required in terms of the conditions of the licence. Further, the validity of the licence was extended up to 21-5-1999 as requested by the applicant. The applicant signed a MOU with M/s. Nippon Bearings (India) for transfer of the said licence. Before the licence could be endorsed as transferable M/s. Nippon convinced the applicant and accordingly two high seas sale agreements dated 22-3-1999 were prepared, two Bills of Entry were filed on 3-5-1999 and the said two consignments were cleared duty free against the licence of the applicant by M/s. Nippon. The DRI made investigations and seized the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of one Advance licence. The learned Advocate further prayed that the application may be considered for admission since the applicant fulfil the condition stipulated under Section 127B of the Customs Act, 1962. The Commission pointed out to him that since in the 1st & 2nd show cause notice the applicant has not filed B/E he is not satisfying the conditions stipulated in clause (a) of the provisions of Section 127B. To this the learned Advocate argued that since the applicant's name is there in the show cause notice he can approach the Settlement Commission to settle his case. Further the applicant admits a duty liability that exceeds two lakh rupees. The applicant also prayed for payment of the admitted liability in instalments. The appli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. Shalin Bearing Corpn. The import documents were filed by the applicant but the goods were imported by somebody else. The Revenue further submitted that in the 1st & 2nd show cause notice the applicant has not filed the Bills of Entry hence the application in respect of these two show cause notices does not merit admission. In the case of the 3rd show cause notice the application can be admitted since they have filed the Bill of Entry and thus fulfils the requirements as provided under Section 127B of the Customs Act, 1962. 5. The Commission has gone through the application filed by the Applicant and records available in the file and also heard the Applicant and the Revenue. The Commission finds that the Applicant has not filed any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elation to the Show Cause Notice dated 16th August 2000, the Applicant has filed a Bill of Entry and a show cause notice has been issued to him. The Applicant has disclosed the additional duty of customs to the extent of Rs. 15,94,565 as payable by him. In view of this, the applicants fulfil the conditions of sub-section (1) of Section 127B ibid. 8. Therefore the application in respect of show cause notice dated 16th August, 2000 is allowed to be proceeded with. 9. The Applicant shall pay admitted duty liability of Rs. 15,94,565 in three monthly instalments. The first installment of Rs. 6 lakhs will be paid by the Applicant within 30 days of receipt of this order. The next amount of Rs. 5 lakhs shall be paid by the Applicant wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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