TaxTMI 
TaxTMI 
2001 (8) TMI 350
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....etc. in CKD and SKD condition from Hong Kong and Taiwan. 3. On the basis of intelligence received by the officers of Directorate of Revenue Intelligence, New Delhi that the applicants were importing electronic components from Hong Kong and Taiwan by underinvoicing and evading huge amount of Customs duty, the business and residential premises of the applicant firm and Directors of the applicant firm were searched. Certain documents were seized on 19-5-1998 during the search operation. 4. A show cause notice dated 11-6-1999 was issued to the applicant by the Commissioner of Customs (Import), Mumbai demanding Customs duty of Rs. 28,91,400/-. 5. The applicant filed an application on 5-6-2000 under Section 127B of the Customs Act, 1962 before the Additional Bench of Settlement Commission, Mumbai, for the settlement of his case. In his application, he disclosed and admitted duty liability of Rs. 4,60,078/-. 6. The hearing for admission of the case was fixed on 9-8-2000. During the hearing, the learned Advocate of the applicant referred to the submissions made in the case of M/s. Paul Industries (India) held on the same date prior to this case and stated th....
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....are not trustworthy because the SCN was issued in the month of June 1999 and the applicant has taken almost a year to procure these documents. Hence these documents cannot be taken for the purpose of consideration. The Revenue requested for some time to verify the genuineness of the documents filed by the applicant. The Commission allowed two months time for verification of the said documents. 13. The Commission asked the Revenue to come prepared with the following at the next hearing :- (1) Revenue has to check up the genuineness of the two documents submitted by the applicant as proof of payment towards freight and insurance. (2) The applicant is admitting a liability of Rs. 41,62,860/- while the SCN amount is Rs. 53,97,827/-. What will be the correct amount according to the Revenue and it has to produce evidence to that effect. (3) Revenue has to submit to the Commission whatever correspondence made with the Hong Kong Customs and their reply to DRI, Mumbai in respect of this case. (4) No Show Cause Notice has been issued to the other two importers. Why department h....
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....hecking the exact duty liability in relation to the 3 Bills of Entry, in the light of above mentioned two documents, the Revenue submitted that they have recalculated the duty liability for 3 Bills of Entry where the Revenue had gathered evidence of FOB value as declared to Hong Kong Customs. If the actual freight and insurance are taken into account then the duty liability works out to Rs. 4,62,689/-. 3. As regards the third direction of the Commission, the Revenue submitted that copy of all the correspondences made with Hong Kong Customs and their reply to DRI Mumbai have already been supplied to the Commission along with the report dated 21st May, 2001. 4. Regarding the fourth direction of the Commission, the Revenue submitted that attempts were made to gather evidences with regard to the consignments supplied by M/s. Excel World, Hong Kong and Ausfield International Ltd., Hong Kong to the Applicant. However, the Revenue could not get any evidence against such imports. Hence, in the absence of any evidence, the Revenue thought it appropriate not to issue show cause notice for those imports made by the Applicant. 5. R....
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....consulting the Applicant submitted that even for these 7 Bills of Entry the Applicant is ready to admit the duty liability on the conditions that the lowest value in the export declaration should be taken for working out the differential duty in respect of 7 Bills of Entry. He further submitted that the Applicant is agreeable to pay Rs. 3 lakh in respect of 7 Bills of Entry for which there were no export declarations. However, he requested the Commission to grant the Applicant some time to furnish a detailed working for this admitted amount. 24. The Commission directed the Applicant to file a detailed working sheet in respect of additional duty liability concerning the 7 Bills of Entry for which there were no export declarations within seven days. The Applicant, through his Advocate, by a letter dated 14th June, 2001, inter alia, submitted that they are agreeable to pay Rs. 3,00,000/- to close the issue in the spirit of settlement. This amount of duty, it is seen from the letter, is worked out on the basis that the lowest export value in the export declaration should have been adopted in the case of Populated P.C.B. 25. It is in this background that the Applicant ha....
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.... Hon. CEGAT wherein for the 14 Indian invoices, there were no corresponding Japanese invoices. 30. The Commission observes that under the circumstances of the case, following the decision of the Hon. CEGAT is correct and proper in this case also. 31. The Commission, in fact, gave an opportunity to the Applicant to come out with a real value as paid by the Applicant as the Applicant must be aware of what he had actually paid as he was the importer. It is seen that the Applicant has not come with true and full disclosure instead the Applicant and for reasons known to him, has offered to pay Rs. 3,00,000/- as settlement of duty for the 7 Bills of Entry. 32. Under the above circumstance, the terms of settlement are as under : - The Applicant with reference to the 3 Bills of Entry had accepted an additional duty liablity of Rs. 4,60,078/-. As per the Revenue, the duty liability of the Applicant comes to Rs. 4,62,689/-. While perusing the records, it was noticed that the duty with reference to these 3 Bills of Entry should be Rs. 4,66,827/- and not Rs. 4,62,689/- which was due to arithmetical error. Since the Applicant has admitted to pay the entire duty liabil....