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TMI BlogGuidelines for compounding of offences under Customs and Central Excise Acts – regardingX X X X Extracts X X X X X X X X Extracts X X X X ..... gazettee. Notification No.114/2005 Customs (N.T.) and No. 37/2005-Central Excise (N.T.) both dated 30.12.2005 have been issued in this regard. 2. As you may be aware, the purpose of compounding of offences against payment of compounding amount is to prevent litigation and encourage early settlement of disputes. Considering the wide range of offences listed in the relevant Chapter of the Customs Act/ Central Excise Act, Board has decided to classify these offences as (i) technical offences; and (ii) substantive or non-technical offences for the purpose of compounding. 'Technical offences' are those offences that can be compounded more than once and would be accorded a more liberal treatment. However, 'Substantive or non-technical offence' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (HS); (b) Prohibited items for import or export as specified in the ITC (HS) Classifications of Export and Import items, 2004-09 issued under section 3 of the Foreign Trade (Development and Regulation) Act, 1992; (c) Any other goods or a document, which is likely to affect friendly relations with any foreign state or is derogatory to national prestige. (iii) Any person who has already exercised the option of compounding of an offence in respect of goods of value exceeding rupees one crore in the past. (iv) Any person who has been convicted under the Act by an order issued subsequent to the date of publication of the Customs/ Excise (Compounding of Offences) Rules in the official gazettee. 4. While the Compounding of Offence Rules have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-rule (3) to rule 4. A copy of such order shall also be forwarded to the Court. After payment of compounding amount as per the above order, the reporting authority shall move an application before the said court informing about the compounding of offence and requesting the court to dispose of the case accordingly. If the court accepts the order of compounding of offence and disposes of the case, then the order of compounding authority becomes final. However, in cases where the Court rejects the request of the department for grant of immunity from prosecution by compounding of offences, then the compounding amount paid by the applicant as per order of the compounding authority shall be refunded to the applicant. 6. In order to make best ..... X X X X Extracts X X X X X X X X Extracts X X X X
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