2014 (12) TMI 1228

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....hit Ferro Tech Ltd., Factory : - Dwarika, WBIDC Road, Bishnupur, West Bengal Pin - 722122, Head Office - SKP House, 132A, S.P. Mukherjee Road, Kolkata - 700026 (hereinafter referred to as 'the applicant) under Section 127B of the Customs Act, 1962 (in short 'the Act'). The application has been filed for settlement of the dispute arising out of Show Cause Notice DRI F. No. 66/KOL/APP/ 2012/54, dated 3-1-2014 (hereinafter referred to as 'the SCN') issued by the Additional Director General, Directorate of Revenue Intelligence, Kolkata Zonal Unit ('DRI' for short) answerable to the Commissioner of Customs (Port), Kolkata Custom House, 15/1 Strand Road, Kolkata - 700 001 (hereinafter referred to as 'the jurisdictional Commissioner' for short). ....

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....st in terms of Section 28AA of the Customs Act, 1962. A list of importers who had imported goods utilizing those licences were identified and amount of duty payable by them for utilization of licences which are liable for cancellation is mentioned in Annexure-D to the SCN. 2.3 After completion of investigation, the above-mentioned SCN was issued requiring (i) the applicant, (ii) Shri Suresh Kr. Patni, Chairman (iii) Shri Ankit Patni, Joint Managing Director, (iv) Shri Rakesh Kr. Agarwal, Director-Corporate; and (v) Shri Ashok Kr. Mishra, Sr. AGM to show cause before the Commissioner of Customs (Port), Kolkata Custom House, 15/1 Strand Road, Kolkata - 700 001 within thirty days as to why : "(i) 11068.59 MT Ferro silicon....

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....duty of Rs. 3,20,46,327/- along with interest as payable for settlement and also intimated payment particulars for the same. The applicant also requested for immunity from fine, penalty and prosecution. 3.1 Notice under Section 127C(1) of the Act was issued to the applicant on 8-7-2014 and a report under Section 127F(3) of the Act, along with relevant case records, was called for on 22-7-2014 from the jurisdictional Commissioner and the ADG, DRI. 4. DRI in its letter dated 7-8-2014 informed that the correct amount of duty liability in this case is Rs. 3,12,60,465/- and not Rs. 3,20,46,327/- and also contested the request of the applicant for immunity from penalty. The payment of the amounts mentioned as accepted by the appli....

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....p;The Department represented by S/Shri Suman Kr. Gangopadhyay, SIO and Shri Rohit Kr. Singh IO, DRI, Kolkata Zonal Unit, submitted that the SCN demands duty under Section 28 of the Customs Act, 1962. Further, Para 54(i) contains the clause for proposal of confiscation of goods. It was also stated that since the goods were liable to confiscation, they are also liable to penalty under Section 114A of the Customs Act, 1962. Further, the exporter in this case had misdeclared the important details, country of origin of the goods exported and accordingly the provisions of [Section] 114AA are attracted. 8. The Bench has considered the application requesting for settlement and grant of immunities from penalty, fine and prosecution, the show....