9911796707
TMI Blog2005 (6) TMI 417X X X X Extracts X X X X X X X X Extracts X X X X ..... ct). 2.Briefly stated the facts of the case are that on receipt of information that there was gross misdeclaration of quantity and year of manufacture of the Dornier Rapier Jacquard Shuttle less looms contained in 28 containers lying at Trans India Logistic Park Limited, Nhava Sheva, the officers of Central Intelligence Unit, Jawaharlal Nehru Custom House, Nhava Sheva detained the said containers. Bill of Entry No. 635459 dated 15-6-2004 was filed by the applicant. As per the Bill of entry, the contents of the 28 said containers were described as 54 Nos. Second Hand Shuttle less looms Dornier Rapier Jacquard with standard accessories. The year of manufacture was declared as 1995. Chartered Engineer s Certificate was also filed along with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of Rs. 8,50,650/-. 4.The applicant and the co-applicant filed application for settlement on 7-12-2004 initially admitting a duty liability of Rs. 4,25,320/-. 5.The case came up for admission hearing on 8-6-2005 when Shri Sujay N. Kantawala, Advocate argued the case on behalf of the applicant and the co-applicant. The ld., Advocate made submissions to the following effect :- (1) The question of classification of Gantry under Customs Tariff Act 73089090 is specifically being given up and a prayer was made that the application may be admitted based upon the submission made by the ld. Advocate. (2) As regards the valuation of Gantry the same is also specifically being given up and is no longer contested. Consequently, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith regard to the Final hearing, the ld. Advocate reiterated the factual position as stated above and played that full immunity from penalty, interest and prosecution may be granted on account of the fact that full amount had already been paid and was covered by the deposit of Rs. 60 lakhs taken by Revenue against the demand of only Rs. 8,50,640/-. In order to finally settle the matter the applicant has made a full and true disclosure as referred to above of their duty liability and extended full co-operation 9.2.The Revenue objected to the grant of immunities on the ground that the applicant has misdeclared the true age of the machinery and sought to import these over 10 years old ones contrary to the EXIM Policy provision read with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : Keeping in view the facts that the applicant has made a full and true disclosure, has co-operated with the proceedings before the Commission, in proper spirit of settlement, admitted the total duty liability and given a revenue deposit much in excess of its liability, we grant it immunity from fine and penalty that could be imposed under the Act and prosecution that could be launched under the Act. As regards prayer for grant of immunity from prosecution under the IPC, the FEMA, the FT (D R) Act, these cannot be granted as the authorities administering these Acts have not been made parties to the proceedings. 11.The above immunities are granted to the applicants in terms of Section 127H(1) of the Act. 12.This order of settlement shal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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