2006 (4) TMI 445

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....einafter referred to as the "Applicant") have filed the application dated 23-2-2006 under Section 127B of the Customs Act, 1962 for settlement of the proceedings initiated against them under the Show Cause F. No. VIII/26/302/2004-DRI dated 16-12-2005. Shri Gurpur Prasad, Proprietor, M/s. Intercontinental Trade Links, 72/Old 71, Bangaru Street, Mount Road, Chennai-600 002 have also filed an application dated 23-2-2006 for settlement of the proceedings initiated against him under the above mentioned Show Cause Notice as "Co-Applicant". 2. The facts of the case are as follows :- M/s. Matsushita Air Conditioning India (P) Ltd. are manufacturers of Air Conditioners. They imported certain parts of air conditioners and cleared the same ....

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....rest on the duty amount. It also proposed penal action against a number of people who were alleged to be involved in the fabrication of licences including Shri Gurpur Prasad, the Co-applicant. 4. In the present case, the applicants have admitted the entire duty liability of Rs. 34,77,572/- and requested for settlement of the case and grant of immunities from all other actions proposed in the Show Cause Notice. According to them, the allegations against them do not have any basis. They purchased the DEPB licences from M/s. Intercontinental Trade Links and the licences as well as TRAs were handed over to the Deputy Commissioner of Customs (DEPB), Custom House, Chennai in a sealed cover issued by the Custom House, Nhava Sheva. The cust....

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....plication for settlement and also for grant of immunities. He had no objection to the hearing being treated as admission-cum-final hearing. 6. The representative of the Revenue reiterated that the applicant had produced forged documents for clearance of the goods and, therefore, interest should be levied and also penal action should be taken against them. 7. The Bench has considered the submissions on either side. We find from the Show Cause Notice that there is no allegation that the applicants were directly involved in the forgery or fabrication of the licences. It is also clear that they purchased these licences from the market under the bona fide belief that they were genuine documents. However, as the documents were fou....