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2013 (4) TMI 32

Head Note:
Undervaluation - Import of “Whey Protein” - The applicant has further submitted that he has deposited the entire amount prior to issue of demand and prays that the case may be admitted and settled as a whole once and for all, grant of immunity from imposition of any fine, penalty & prosecution under Customs Act, 1962.

Held that :- Considering cooperation extended by the applicant and co-applicant during settlement proceedings and willingness of the applicant to accept duty liability as worked out by Revenue coupled with real possibility of getting lower negotiated price, the Bench finds it a fit case for settlement. However, considering the attitude and conduct of the applicants in totality, the Bench is inclined to consider the request for immunities favorably. Order is passed for paying differential amount of custom duty, interests and penalties. The Applicant and co-applicant are granted immunities from prosecution under the Customs Act, 1962, in so far as this case is concerned. order of settlement shall be void in terms of Section 127C(8) of the Act, if the Settlement Commission subsequently finds that it has been obtained by fraud or mis-representation of facts.

 


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