Page 250 - ELT_1st June 2020_VOL 372_Part 5th

784 EXCISE LAW TIMES [ Vol. 372

operation extended during the investigation and the proceedings before the Set-
tlement Commission, the Bench considers this as a fit case for extending partial
immunity from penalty to the applicant.
Prosecution :
8.19 Considering the facts of the case, the Bench is inclined to consider
grant of immunity from prosecution to the Applicant and Co-Applicant in as far
as this case is concerned.
Order :
9.1 In the light of the above, the Bench settles the case under Section
127C of the Customs Act, 1962 on the following terms and conditions :
(i) Duty Drawback : The differential amount of Duty Drawback in this
case is settled at Rs. 5,25,527/- (Rs. 4,19,652/- + Rs. 1,05,875/-) (Ru-
pees-five lakhs twenty-five thousand five hundred and twenty-
seven only). As the applicant has already paid the said amount, as
confirmed by the Revenue, the same is appropriated and adjusted
towards the duty liability and no further liability subsists in this re-
gard.
(ii) Interest : The applicant has paid an interest of Rs. 1,42,844/- (Ru-
pees one lakh forty-two thousand eight hundred and forty-four on-
ly). As the applicant has already paid the said amount, as confirmed
by the Revenue, the same is appropriated and adjusted towards the
interest liability. The jurisdictional Commissioner shall calculate the
appropriate interest applicable and intimate the same to the appli-
cant within 15 days of receipt of this Order and the applicant shall
pay the same within 15 days from thereafter and furnish the proof
of payment to the jurisdictional Commissioner.
(iii) Penalty : Taking into account the facts and circumstances of the
case, the Bench imposes a penalty of Rs. 25,000/- (Rupees Twenty
Five Thousand only) on M/s. Indo Shell Cast Pvt. Ltd., Coimbatore
- the applicant - under the provisions invoked in the Show Cause
Notice and grants immunity to the applicant in excess of the above
amount.
(iv) Prosecution : Subject to payment of penalty as imposed above,
within 30 days from the date of receipt of this Order, the applicant
is granted immunity from Prosecution under the Customs Act,
1962, in as far as this case is concerned.
9.2 The immunity as above is granted under Section 127H of the Cus-
toms Act, 1962. The immunity granted above is liable to be withdrawn if, at any
time, it comes to the notice of the Bench that, in obtaining this order of settle-
ment, any material particulars have been withheld or any false evidence has been
given.
9.3 A copy of this order be given to the Applicant and the jurisdictional
Commissioner for their use in the implementation of this order. No one should
use this order in any other manner or for any other purpose without the written
permission of the Commission.
_______
EXCISE LAW TIMES  1st June 2020  250