2003 (9) TMI 100 - HC - Customs

High Court rules on interest under Customs Act for failure to meet export obligations, favors company

The High Court disagreed with the Settlement Commission's decision that no interest was chargeable under the Customs Act, 1962, regarding a company's ... Settlement of dispute by Settlement Commission Issues:Challenge to final order of Settlement Commission regarding interest payment on customs duty under Customs Act, 1962.Analysis:The petitioner, Commissioner of Customs, challenged the final order of the Settlement Commission, which held that no interest was chargeable under the Customs Act, 1962. The case involved a company failing to fulfill export obligations after importing raw materials under advance licenses. The company voluntarily paid customs duty but disputed the liability to pay interest. The Settlement Commission granted relief based on the company's disclosure and cooperation. However, the Commission's conclusion on interest payment was disputed.The second respondent, the company, explained the reasons for the export obligation shortfall, including operational challenges and distributor issues. The company argued against the imposition of interest under Sections 28AB and 114A of the Customs Act, introduced after the relevant imports. They claimed the writ petition aimed to deny legitimate refunds due to them. The company highlighted its efforts to regularize obligations and voluntary payment of duty with interest on imported goods.The Settlement Commission considered the company's explanations, correspondence with authorities, and voluntary payments. It found the company made full disclosure, cooperated, and was entitled to immunities. However, the Commission's decision on interest payment was challenged by both parties. The Commission concluded no interest was demandable under the relevant notification and Customs Act provisions. The company's prompt payments and conduct were cited as reasons to negate the liability for interest.The High Court analyzed the relevant EXIM Policy, notifications, and legal undertakings. It disagreed with the Settlement Commission's conclusion on interest payment and held that interest was chargeable as per the EXIM Policy. Despite this, the Court accepted the company's position and ruled they were not liable to pay interest. The Court set aside the Commission's general proposition on interest but confirmed the order in other respects, disposing of the writ petition without costs.