2005 (1) TMI 622

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..... dated 1-8-03 issued by the Commissioner of Customs, Customs House, Cochin which was admitted vide order No. 28/2004-Cus. dated 31-3-04. 2. The applicant company is a regular importer of Kerosene through several ports in India. The imports were made under DEPB licences. The applicant company had purchased the DEPB licences and TRA from M/s. Om Corporation, Mumbai and M/s. Global Exporters, Mumbai through M/s. Bhagya Laxmi Exports, Chennal and utilized the same at Cochin Custom House towards the imports made by them. The TRAs were accepted by the Department, which adjusted the release advise DEPB credit towards the duty payable and cleared the goods. Subsequently it came to light that the subject release advice used for the clearanc....

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....ive measure. He contested the prayer for immunity from interest on the ground that the applicant paid the entire duty only after admission order. He also stated that the case is still under investigation but conceded that the subject SCN does not adduce any evidence to conclude that the applicant had willfully suppressed the facts. He, however, highlighted that the applicant has not taken any action other than issuing legal notice to the supplier of the forged TRA. 5. On a query from the Bench, the advocate undertook to find out the position regarding action taken against M/s. Bhagya Laxmi Enterprises from their client and intimate to the Bench. Accordingly the Advocate produced copies of letter of M/s. Seven Seas Petroleum Ltd. dat....

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....fter the admission order, we are not inclined to give complete immunity from interest.  Accordingly, in view of the facts and circumstances of the case discussed above, the case is settled as per the following terms and conditions under Section 127C(7) of the Customs Act, 1962 : (a)     The duty liability is settled at Rs. 50,69,993/-. The Advocate's letter F No. 467/2003 dated 29-5-04 (along with copies of challans) indicates that this amount has been paid. Hence, no further amount is required to be paid towards duty. (b)     Immunity from prosecution and penalty under the provisions of the Customs Act, 1962 are granted. (c)     Immunity from interest in excess of 10....