2022 (12) TMI 734

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of immunity to Respondent No.1 towards the interest liability. 3. When the petition came up on board on the last occasion, learned counsel for Respondent No.1 had stated that in spite of repeated communications, no response is being received from Respondent No.1. By way of indulgence, the matter was adjourned and Respondent No.1 was put to notice that if none appears on the next date, it would be presumed that Respondent No.1 is not interested in sustaining the order of the Settlement Commissioner and appropriate order would be passed. The orders of this Court are uploaded on the website and are accessible to the litigants. Today also the learned counsel for Respondent No.1 reiterates that has no instructions. 4. Respondent No.1 is a ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r dated 26 March 2007 directed provisional release. The Respondent No.1 filed an application on 16 February 2009 under section 127-B of the Customs Act, 1962 for settlement of duty of Rs.83,75,069/- arising out of show-cause-notice dated 4 September 2008. Respondent No.1, in the application for settlement, admitted the duty liability of Rs.83,75,609 and paid the amount of Rs.54,58,709 towards interest liability. Respondent No.1 stated that interest under section 28AB of the Act was not due from Respondent No.1 and sought immunity in respect of the same. The claim of Respondent No.1 in respect of interest liability was opposed by the Petitioner- Department. 6. The Settlement Commission referred to its earlier decision in the case of one V....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the proceedings before it and has made a full and true disclosure of his duty liability, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Actor under the Indian Penal Code or under any other Central Act for the time being in force and also either wholly or in part from the imposition of any penalty, fine and interest under this Act, with respect to the case covered by the settlement: ..... ..... ..... ..... ..... ..... ..... ....." (emphasis supplied) Thereafter section 127H(1) was amended by the Finance Act, 2007 brought into effect from 1 June 2007. By this amendment, the phrase "interest" has been deleted from section 127H(1). The ame....