9911796707
TMI Blog2006 (4) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... 7B of the Customs Act, 1962 for settlement of the proceedings initiated against them under the Show Cause F. No. VIII/26/302/2004-DRI dated 16-12-2005. Shri Gurpur Prasad, Proprietor, M/s. Intercontinental Trade Links, 72/Old 71, Bangaru Street, Mount Road, Chennai-600 002 have also filed an application dated 23-2-2006 for settlement of the proceedings initiated against him under the above mentioned Show Cause Notice as Co-Applicant . 2. The facts of the case are as follows :- M/s. Matsushita Air Conditioning India (P) Ltd. are manufacturers of Air Conditioners. They imported certain parts of air conditioners and cleared the same under four DEPB Licences. Under the DEPB Scheme, any importer can discharge the duty liability using the cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the fabrication of licences including Shri Gurpur Prasad, the Co-applicant. 4. In the present case, the applicants have admitted the entire duty liability of Rs. 34,77,572/- and requested for settlement of the case and grant of immunities from all other actions proposed in the Show Cause Notice. According to them, the allegations against them do not have any basis. They purchased the DEPB licences from M/s. Intercontinental Trade Links and the licences as well as TRAs were handed over to the Deputy Commissioner of Customs (DEPB), Custom House, Chennai in a sealed cover issued by the Custom House, Nhava Sheva. The customs authorities cleared the goods on the strength of these licences and TRAs and the customs authorities were satisfied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final hearing. 6. The representative of the Revenue reiterated that the applicant had produced forged documents for clearance of the goods and, therefore, interest should be levied and also penal action should be taken against them. 7. The Bench has considered the submissions on either side. We find from the Show Cause Notice that there is no allegation that the applicants were directly involved in the forgery or fabrication of the licences. It is also clear that they purchased these licences from the market under the bona fide belief that they were genuine documents. However, as the documents were found to have been fabricated and, as they are the importers of subject goods, there is no dispute that the liability to pay the duty is squ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Gurpur Prasad, the Bench is of the view that he can be given immunity from penalty and prosecution under the Customs Act, 1962. 9. Accordingly, the application is allowed to be proceeded with under Section 127C(1) of the Customs Act, 1962 and, finally settled on the following terms and conditions under sub-section (7) of Section 127C ibid :- (i) The duty liability is fixed at Rs. 34,77,572/-. Since the applicants have already paid the same, no further duty liability subsists. (ii) Immunity is granted to the applicant from interest, confiscation, penalty and prosecution under the Customs Act, 1962. (iii) Immunity is granted to Shri Gurpur Prasad, Proprietor of M/s. Intercontinental Trade Links, Chennai-600 002 from pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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