2020 (2) TMI 358

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...., 1962 was dismissed. 2. As per Revenue, the offence committed by the Appellant relates to a case of importation of Stainless Steel Plates (approx- 547,962 MTS & CIF value of Rs. 2,83,85,493/-) by M/s P.J. Pipes and Vessels Ltd., under two Special Import Licences dated 27.07.89. As per the lincences, the imported material was to be utilized for manufacture of thread protectors for pipes to be supplied to the O.N.G.C. The importer claimed and was granted benefit of duty exemption under Notification No. 513/86-Cus dated 30.12.86 which allows import of raw materials and components required for manufacture of goods supplied to O.N.G.C. On certain specific information, D.R.I. investigated the matter and during the course of investigation it w....

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....ai. On the other hand, sanction for prosecution was accorded on 16.09.1992 by the then Collector of Bombay under Section 135(1) of the Customs Act, 1962 against the Appellant for his alleged role. Subsequently, a Criminal complaint was filed by DRI, Mumbai under Section 120B of Indian Penal Code 1860 before the Court of Metropolitan Magistrate, Esplanade, Mumbai being Criminal Complaint No. 330/CS/1992. The penalty amount of Rs. 10,000/- as per the Adjudicating Order dated 30.03.2004 was paid by the Appellant on 13/09/2004. Later on in the Year, 2005, compounding and the Offences Rules,2005 were enacted and thereafter vide Circular No. 54/2005-CUS dated 30/12/2005 guidelines were issued by the board excluding certain offences from the purvi....

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.... law does not require any authority to review its own order and re-open the matter which has attained finality. 4. The Board's Circular dated 13/12/2005 by which the offences under IPC were excluded from the purview of compounding relying upon which the earlier application of the Appellant was rejected, was held as ultra virus to the Customs Act, 1962 and rules made therein by the Hon'ble High Court of Judicature at Bombay vide order dated 25/10/2007 in Writ Petition No. 1884 of 2007 reported in 2008 (223) ELT 19 Bom. and it is due to that reason another Circular of 2009 was issued. The purpose of compounding of offences against payment of compounding amount is to prevent litigation and encourage early settlement of dispute. In the guide....