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2013 (8) TMI 273

Head Note:
Customs duty - Interest – Fine - assesse had imported one brand new car at a declared value (CIF) and an assessable value Customs duty was also assessed - Department was of the view that the Type Approval Certificate had not been issued by an accredited agency in the country of manufacture – Held that:- Differential Customs duty in the case was settled - assesse had already paid the said amount and hence no further liability subsists in this regard - assesse had paid towards interest liability - The accuracy of the interest calculation should be verified by the Revenue and any further amount if payable should be paid - Vehicle was seized and released provisionally to the applicant was found liable to confiscation - The same was ordered to be released on payment of redemption fine- Immunity was granted to the applicant from payment of redemption fine in excess of the above amount.

Penalty – Prosecution – Bank Guarantee & Bond – Held that:- Penalty was imposed on the applicant and granted immunity from payment of penalty in excess of the amount - assesse was granted immunity from prosecution under the Customs Act - Jurisdictional Commissioner was directed to discharge the bank guarantee and indemnity bond, furnished by the applicant for provisional release of the impugned vehicle, after realizing the above mentioned differential Customs duty, interest, fine and penalty.

Immunity u/s 127H –Held that:- Immunities were granted u/s 127H (1) - Attention of the applicant was also invited to the provision of Section 127H (2) & (3) - The order of settlement shall be void u/s127C (8) - if the Settlement Commission subsequently finds that it had been obtained by fraud or misrepresentation - Order of settlement applied only to the applicant in the case - It does not apply to other noticees to the Show Cause Notice – Decided in favor of Assesse.


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