Customs Commission settles duty liability, grants immunity from fines, penalties under Customs Act

The Commission settled the duty liability at Rs. 37,15,561, already paid by the applicants, granting them immunity from fines, penalties, interest, and prosecution under the Customs Act, 1962. The Revenue was directed to return the Bank Guarantee to the applicants, with a caution that the settlement order would be void if obtained through fraud or misrepresentation.

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Issues: Settlement of duty liability, grant of immunity from fine, penalty, interest, and prosecution, release of bank guarantee.

In the case, the applicants admitted the duty liability as demanded in the Show Cause Notice and paid the same. The applicants made a full and true disclosure of the duty and cooperated in the proceedings before the Commission. The Revenue confirmed the recovery of duty from the applicants but raised concerns about the applicants' intentions to evade duty. The Commission reviewed the case records and submissions from both parties. An interim order allowed the applications to proceed, with a deposit adjusted against the admitted duty liability. The Commission settled the duty liability at Rs. 37,15,561, which was already adjusted and paid by the applicants. Immunity from fine, penalty, interest, and prosecution under the Customs Act, 1962, was granted to the applicants due to their cooperation and full disclosure. The Commission also directed the Revenue to return the Bank Guarantee to the applicants as the case was settled. It was emphasized that the settlement order would be void if obtained through fraud or misrepresentation, with instructions to inform all concerned parties accordingly.

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