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TMI Blog2001 (3) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... ox 9. 702 PRS Cone type speakers 2. The assessable value declared was Rs. 4,72,700.68. The goods were covered by an invoice 043/99 dated 7th July, 1999 for a total value of Singapore $ 18,317.88 issued by J.P. General Trading, Ajman Freezone, Dubai, U.A.E. Based on the declaration in the above said bill of entry, the goods were assessed to a duty of Rs. 1,92,843.30 (Rounded off to Rs. 1,92,843/-) and the applicant had paid the duty. But before the applicant could take delivery, the Kerala Regional Unit of the Directorate of Revenue Intelligence (DRI), Calicut intercepted the consignment on the intelligence that the goods imported vide the above said bill of entry were under-invoiced and were complete sets of CD players and Cassette players of Pioneer brand imported as components with just one or two parts missing to circumvent the classification as complete product and payment of full duty. The officers of the DRI examined the goods and obtained the opinion of M/s. Aswini Electronics, Cochin, authorized service agents of Pioneer branded products. After examination, M/s. Aswini Electronics gave the investigation report dated 26-7-1999 confirming that the goods covered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e office of the DRI and Cochin Port Trust to release the goods, on the petitioner (applicant herein) furnishing bank guarantee for a sum of Rs. 15,00,000/- and executing a surety bond for the balance amount to be fixed by the respondent as contemplated under Section 18(2b) of the Customs Act, 1962. There was further direction w.r.t. completion of the adjudication proceedings. The applicant took delivery of the goods furnishing the bank guarantee as directed in the above order. 4. As earlier said, the application filed by the applicant was admitted by the order dated 16-10-2000 by this bench. After admission of the above said case and on perusing the case records, this bench directed the Commissioner (Inv.) in the Settlement Commission to investigate on the following points 1. Whether there are any authorized dealers of Pioneer brand CDX-P 1250 CD player and KEH-P 4850 multi cassette player in India. 2. Whether the proforma invoice given by M/s. Cybernetics, Calcutta is genuine including the prices quoted therein. 3. To ascertain and report the market price of the above goods at the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ible for any immunity which can be given only if they have made a full and true disclosure of the duty liability in terms of Section 127H of the Customs Act, 1962, in the light of the fact that the proforma invoice of M/s. Cybernetics, Calcutta based on which additional duty liability was worked out in the application for settlement, was found to be from a non-existent firm and appeared to be not genuine. The advocate replied stating that the proprietor of the firm M/s. Cybernetics has filed a sworn affidavit and he could establish the existence of the firm. However, for the sake of settling the proceedings, without prolonging the litigation, he has filed the application and has also readily agreed for the adoption of the prices in the investigation report given by the Commissioner (Inv.). He also pointed out that the goods were cleared by producing special import licence and hence confiscation under Section 111(d) of the Customs Act, 1962 was not warranted. He also submitted that based on a number of rulings, it could be proved that the imported goods have to be assessed as components only in as much as they are not complete but purely with a view to settle the case the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is to be adopted on the same analogy as found in arriving at the price by the Revenue in para 20(vi) of SCN in respect of the value of PCB and power supply cord. Even though the price of the above 2 items was said to be in the range of Rs. 700-750, the Revenue has adopted lower of the range in the worksheet found in the said para. In the absence of any other legally sustainable evidence, this Commission determines the assessable value of the CD player and multi-cassette player by adopting Rs. 8,500/- per piece and Rs. 5,000/- per piece respectively. The advocate has worked out the total assessable value as Rs. 7,03,920/- and duty payable as Rs. 4,84,973/-. 9. The only question now left for consideration is regarding grant of immunities sought for. According to sub-section (1) of Section 127H, the Settlement Commission can grant immunity, "....... If it is satisfied that any person who made the application for settlement under Section 127B has cooperated with the Settlement Commission in the proceedings before it and has made a full and true disclosure of his duty liability,.......". 10. In this context, the Bench observes that there is force in the argument of the advoc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chargeable as per sub section (10) of Section 127C of the Customs Act, 1962. On payment of the above, the Bank guarantee given by the applicant for Rs. 15 lakhs in terms of the High Court's order shall be released to the applicant. 14. The commission imposes a token penalty of Rs. 1,000/- under Section 114A of the Customs Act, 1962 on the applicant M/s. Shivshakti Trading Corporation, and grants immunity from penalty in excess of the said Rs. 1,000/-, besides granting immunity from payment of interest, fine and prosecution under the Customs Act, 1962 in terms of sub-section (1) Section 127H of the said Act. 15. The above immunities shall stand withdrawn as provided in sub section (2) of Section 127H of the above said Act if the duty and penalty are not paid within the stipulated time. Similarly, if it comes to the notice of this Bench that in the course of settlement proceedings, the applicant had concealed any particulars, material to the settlement or had given false evidence, then also the immunities will stand withdrawn as provided under sub section 3 ibid and that the applicant may be tried for the offence with respect to which the immunity was granted or for any ..... X X X X Extracts X X X X X X X X Extracts X X X X
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