2018 (3) TMI 1719

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....einafter referred to as 'the applicant' or 'the applicant firm') under Section 127B of Customs Act, 1962, (in short 'the Act') to settle the dispute arising out of Show Cause Notice No. 49/2016 issued vide F. No. DRI/DZU/34/Enq-02/2016/Pt 14/Sudhir/3337 to 3340, dated [10-7-2016] issued by the Joint Director, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi. 2. The facts of the case, in brief, as per the show cause notice are that on the basis of specific intelligence received by DRI New Delhi, examination of various import parcels was conducted on 20-1-2016 and 27-1-2016 at foreign post office New Delhi. During examination of said parcels, huge quantity of Micro SD Cards of different sizes, SFP Trans Receivers, Ster....

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....sed at the time of issue of show cause notice. 5. On completion of investigation, applicant was called upon to show cause to Joint/Additional Commissioner (Adjudication), Air Cargo Complex (Export), New Custom House, New Delhi-110037 as to why : (i)      The value of 46080 number of Micro SD Cards (Having storage capacity of 8GB) seized under panchnama 27-1-2016 bearing speed post parcel EMS No. EA247027165HK declared as USD 30,000 (Rs. 20,23,500/-) on the Shipping Docket should not be rejected under Rule 12 of the Customs Valuation Rules read with Section 14 of the Customs Act, 1962 and the same should not be redetermined as Rs. 47,28,545 under Rule 5 of the Customs Valuation Rules read with Section 14 o....

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....hat there were certain typographical errors in the prayer submitted along with the Settlement Application and regretted the same and enclosed fresh copy of the prayer. On perusal, it was observed that the applicant in the fresh prayer submitted to this office interest amount was payable was shown as NIL. 9. Since the applicant had changed the prayer, Notice for Proceeding dated 18-12-2017 was again issued asking the applicant to explain the reasons for showing the interest payable as NIL in their fresh prayer submitted to this office and was also informed that payment of interest was mandatory condition under clause (c) of sub-section (1) of Section 127B of Customs Act, 1962. The applicant in its reply dated 22-12-2017 submitted tha....

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....esh Kumar informed that accordingly, in accordance with sub-section (2) of Section 127F of Customs Act, 1962, the Settlement Commission shall, until an order is passed under sub-section (5) of Section 127C, have, subject to the provisions of sub-section (4) of that section, exclusive jurisdiction to exercise the powers and performs the function of any officer of Customs or Central Excise, as the case may be, under this Act or in the Central Excise Act, 1944, as the case may be, in relation to the case. Since the case was Adjudicated on 17-11-2017, much before the start of exclusive jurisdiction of Settlement Commission on 7-12-2017. Shri Rakesh Kumar prayed that Settlement Application filed by the applicant is not maintainable and is liable....