2006 (7) TMI 553 - Commission - Customs

Company prevails in settlement over alleged duty evasion & raw material diversion. Duty liabilities determined, immunities granted.

The Bench ruled in favor of the company in settlement proceedings against two Show Cause Notices for alleged diversion of raw materials and duty evasion. ... Cenvat/Modvat - Settlement of case - Immunity from interest, penalty and prosecution Issues: Settlement of proceedings initiated against a company by two Show Cause Notices for diversion of raw materials, duty liability, Cenvat credit eligibility, interest payment, and immunities from penalty and prosecution.The judgment pertains to settlement proceedings initiated against a company by two Show Cause Notices for alleged diversion of raw materials and duty evasion. The company, engaged in manufacturing PCBs, had obtained advance licenses for duty-free imports. The Notices alleged diversion of materials, misdeclaration of exports, and duty evasion. The company admitted certain liabilities, including selling duty-free materials and misrepresenting export quantities. The company argued for export obligation fulfillment consideration, benefit under Notification No. 25/99-Cus., and Cenvat credit eligibility. The Revenue objected to Cenvat credit citing Rule 9 of Cenvat Credit Rules, 2004. The Bench considered export obligations, Notification benefits, and duty rates in its decision.In its ruling, the Bench determined duty liabilities based on exports and Notification benefits, allowing limited Cenvat credit. The company was directed to pay the balance duty amount within a specified timeframe. Interest at 10% per annum was imposed on the outstanding duty amount. Immunities from penalty and prosecution were granted to the company and its co-applicant under the Customs Act, 1962. The settlement terms would be void if any material facts were withheld or false evidence provided. The immunities were granted under Section 127H(1) of the Customs Act, 1962. Compliance with the settlement terms was required, with attention drawn to relevant subsections of Section 127H of the Act.