TMI Blog2009 (7) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... rtner of M/s. Ramjivan Jagannath, (5) Mrs Indu Malani, partner of M/s. Ramjivan Jagannath, (6) M/s. Dinesh Tobacco Industries, (7) Sh. Gopi Kishan Malani, partner of Dinesh Tobacco Industries and (8) Sh. Ramesh Chand Malani, partner of M/s. Dinesh Tobacco Ind. (hereinafter referred to as the Co-Applicants) for settlement, under 127B of the Customs Act, 1962. 2. The Brief facts of the case are that this is a case of undervaluation. In this case the Applicants imported total quantity of 773.360Mts of Gambier from Dubai and Singapore through Nhava Seva vide 34 Bills of Entry during the period from Aug, 2004 to Aug, 2007. During the course of investigation, the Income Tax Authorities provided the revenue with documentary evidence about its in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he partner of M/s. D.C. Trading and other concerned persons it clearly appears that the actual transaction value was much higher than invoice value. The differential amount was admitted and were paid by the Applicant during the course of investigation. In this regard the Applicant deposited Rs. 1,15, 00,000/- towards differential duty and interest. The Applicant have inadvertently deposited Rs. 10 lakhs in excess which amount should have been deposited properly on account of Dinesh Tobacco Industries. 2.2 Applicant . Co-Applicants seeks settlement for the dispute of under-valuation of import of Gambiar during the period Aug-04 to Aug-07. However, all the above mentioned 04 applicants have filed another application u/s 127B of the Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er re-determining the transaction value works out to Rs. 77,06,255/- alongwith the interest thereupon. All the Bills of Entries have been filled by the Applicant. The Applicant has deposited an amount of Rs. 1.15 crores at the time of investigation towards the duty amount and interest thereon. The Applicant has also deposited Rs. 10,04,358/- in excess. 4. The Applicant and the co-applicant filed the application before the Settlement Commission under Section 127B of the Customs Act, 1962 (in short the Act) for settlement of the case by admitting entire differential duty amount of Rs. 77,06,255/- alongwith the interest thereupon. 4.1 The Applicant, in his application also submitted that in true spirit of settlement and accommodation, he a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de TR-6 Challan dated 16-12-2008 inadvertently in the name of the Applicant. 7. The Revenue was represented by Shri J.C. Gupta, S.I.O. from DRI, Delhi Zonal Unit, New Delhi. The Representative of the Revenue submitted that he has no objection in settling the case since the Applicant has accepted and made full and true disclosure of duty liability and co-operated during the investigation, but at the same time he objected that the averments is not acceptable to the extent that an amount of Rs. 10 lacs been inadvertently deposited which should have been deposited on account of M/s. Dinesh Tobacco Industries (another Applicant/different case file). The representative further submitted that the applicant at no stage either at the time of inves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o considered the submission of allowing the adjustment Rupees ten lacs deposited by the Applicant M/s. D.C. Trading in the account of M/s. Dinesh Tobacco. Though the Revenue has vehemently opposed such an adjustment but Bench observes that although these are separate entities but they are a part of the same family concerns/firms. Allowing such an adjustment would cause no harm to the case of the Revenue. Accordingly the following terms and conditions are laid down under sub-section (5) of Section 127C of the Act for settlement of the case. Customs Duty : The Applicant deposited the differential duty amount of Rs. 77,06,255/- alongwith the interest thereupon. This stand paid by the Applicant. Penalty : Bench in light of the discussions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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