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2020 (4) TMI 48

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..... interfere with the impugned order. That apart the order of a Settlement Commission is final and conclusive in terms of Section 127J of the Customs Act, 1962. In fact as per 127H(2) of the Customs Act, 1962, an immunity granted shall stand withdrawn if such person fails to pay any sum specified in the order of the Settlement Commission within the specified time or fails to comply with any other conditions subject to which the immunity was granted and upon the provisions of this act shall apply as if such immunity had not been granted. Petition dismissed. - W.P.No.15715 of 2006 And W.M.P.Nos.15488 & 15489 of 2006 - - - Dated:- 20-2-2020 - Mr. Justice C. Saravanan For the Petitioner : Mr.S.Murugappan For the R1 to R3 : M/s.S.S .....

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..... produce the same to pay customs duty foregone together with interest at 24% per annum from the date of assessment of the bill of entry. 8.Meanwhile, the petitioner also applied for extension of time for discharging the export obligation which was granted by the office of the 4th respondent. 9.Petitioner was issued a second notice by the office of the 3rd respondent and called upon the petitioner to furnish the documents. 10.The petitioner furnished some of the documents stating that it had applied for extension of time for discharging the export obligation with the office of the 4th respondent. 11.Meanwhile, the period to discharge export obligation was also extended from 29.04.2002 to 28.09.2003. However, the petitioner was un .....

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..... ty foregone but also interest at 24% per annum. 19.The Settlement Commission has exercised the discretion vested with it and has reduced the interest at 15%. 20.The amount of interest that has been quantified to be paid by the petitioner has quantified as ₹ 7,05,998/- which is less than the customs duty that was payable by the petitioner. 21.In fact the above notification was amended by Notification No.46/2013-cus dated 26.09.2013. The said amendment has kept interest to maximum amount. However, by the time said Notification was issued, the impugned order had been passed. 22.Therefore, I do not find any reasons to interfere with the impugned order. That apart the order of a Settlement Commission is final and conclusive in .....

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