9911796707
TMI Blog2004 (12) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... of export obligations, but the request made by the petitioner was declined. The petitioner sought to challenge the same by filing CWP No. 497 of 2000 which was disposed of on 23rd Jan., 2001 with direction for the respondents to give a hearing to the petitioner and, thereafter, take the decision by a speaking order. 3. The petitioner was also directed to furnish a bank guarantee, which was furnished on 16th Feb., 2001. Respondent No. 2, Director General of Foreign Trade, however, vide communication dt. 27th Feb., 2001, suspended the importer-exporter code of the petitioner. The revocation of the suspension is one of the prayers in the present petition. 4. The petitioner addressed a communication dt. 14th Feb., 2001 to the Asstt. Commr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he said order of the Settlement Commission was not accepted. 6. An order was passed on 9th/10th Dec, 2003, by the Addl. Director General of Foreign Trade in terms whereof the petitioner was called upon to pay a sum of ₹ 22,77,788 towards interest liability within four weeks, failing which the bank guarantee submitted by the petitioner was to be encased after obtaining leave from the High Court. This leave was required in view of the directions passed in CCP No. 500 of 2003 on 17th Sept., 2003. Further, action was directed to be initiated against the firm to confiscate the capital goods under s. 11(5) of the Foreign Trade (Development and Regulation) Act, 1992 (hereinafter to be referred to as 'Foreign Trade Act') and for ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us, submitted that in case the petitioner is made to pay the amount, it would amount to nullifying the order of the Settlement Commission. Learned counsel referred to the communication addressed to the bank dt. 14th July, 2003, in respect of forfeiture of the bank guarantee to further substantiate this plea that the amount had to be remitted to the head of accounts of customs revenue and it was not being charged on any other account. The additional plea raised by learned counsel for the petitioner is that in any case this circular has come post the passing of the order of the Settlement Commission and since the order of the Settlement Commission has not been challenged and has attained finality, any subsequent circular cannot affect the fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der s. 127B of the Customs Act is to be conclusive and cannot be reopened in proceedings whether under the Customs Act or under any other law for the time being in force. Section 127H of the Customs Act further provides for immunity from prosecution and in such a case, even those proceedings cannot continue. 11. Learned counsel for the petitioner drew attention of this Court to the provisions of s. 245-I of the IT Act, 1961 (hereinafter to be referred to as,: 'IT Act'), where there is a similar provision, which is as under: 245-I.-Every order of settlement passed under sub-s. (4) of s. 245D shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this Chapte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e disclosure of his duty liability which has not been disclosed before the proper officer, the manner in which such liability has been incurred, the additional amount of customs duty accepted to be payable by him and such other particulars as may be specified by rules including the particulars of such dutiable goods in respect of which he admits short levy on account of misclassification or otherwise of goods, to the Settlement Commission to have the case settled and such application shall be disposed of in the manner hereinafter provided : ............................... 15. Learned counsel, thus, submitted that jurisdiction of the Settlement Commission is confined to the subject-matters mentioned in the said section and, thus, if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms duty, which became due on account of non-fulfilment of export obligations by the petitioner. It is this very issue which was considered by the Settlement Commission. 19. The Settlement Commission in its wisdom and considering bona fide of the petitioner deemed it appropriate to exempt the payment of interest and penalty and further directed that no prosecution should also take place. If the plea of the respondents was to be accepted, it would result in a situation where the petitioner would be liable to pay interest, which interest itself has been waived by the order of the Settlement Commission. Since the order of the Settlement Commission has attained finality, this cannot be permitted to be done. 20. The judgments of the Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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