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2020 ] INDEX - 15th August, 2020 xxiii
onerous and to be relaxed - Assessee given option to seek release of
subject goods/consignments by furnishing bank guarantee of
nationalised bank equivalent to 30% of export duty with other conditions
unaltered - Section 110A of Customs Act, 1962 — Sri Vijayalakshmi Leathers v.
Pr. Commr. of Customs-III (SIIB), Chennai (Mad.) ..................... 518
Service charges paid on High Sea Sale of urea by Government not includible
in assessable value for payment of Customs duty by purchaser - See
under VALUATION (CUSTOMS) ......................... 530
Settlement application - Confusion in petitioner’s stand - Dismissal of
settlement application on the ground of complexity of fact and law -
Petitioner seeking adjudication of issue of maintainability of application
for settlement under Section 127B of Customs Act, 1962 in relation to
goods notified under Section 123(2) of Customs Act, 1962 - HELD :
Original liability and interest amount admitted by petitioner, however,
vide letter/submission dated 12-6-2015 reduction of liability amount and
proportionate interest requested and refund sought - Petitioner instead of
clearly explaining its stand, tried adjudication of dispute by Settlement
Commission which is not warranted - In view of lack of clarity in stand of
petitioner, Settlement Commission was constrained to dismiss
application stating that petitioner raised several contentious arguments
which cannot be considered - Since there is no scope for second
opportunity to settle case before Settlement Commissioner by filing fresh
application, one more chance can be given to petitioner to settle case by
accepting amounts originally offered as admitted liability by petitioner -
Impugned Final Notice set aside - Case remitted back to Settlement
Commission to pass a fresh order - Section 127B of Customs Act, 1962 —
Millions Fashion v. Customs, C. Ex. & S.T. Sett. Comm., Chennai (Mad.) ........... 496
Sick unit liable for penalty for failure to fulfill export obligation under EPCG
- See under EPCG SCHEME ............................ 449
Smuggling of foreign currency, penalty imposable on abettor - See under
PENALTY ...................................... 570
— of foreign exchange out of India, penalty imposable on carrier - See under
FOREIGN EXCHANGE MANAGEMENT ACT ................. 570
— of gold, competent authority to adjudicate - See under PENALTY ....... 514
— of gold chains by first time offender, quantum of redemption fine and
penalty - See under REDEMPTION FINE AND PENALTY ........... 473
— of gold, penalty imposable - See under PENALTY ................ 514
Special Additional Duty (SAD) not admissible on failure to fulfill export
obligation under advance authorization - See under EXIM ........... 550
Terminal Excise duty on deemed export, refund admissible notwithstanding
option of availing exemption - See under EXIM POLICY ............ 470
Unjust Enrichment not established, refund not deniable - See under
REFUND/REFUND CLAIM ........................... 463
Unutilised Cenvat credit, limitation for refund - See under
REFUND/REFUND CLAIM ........................... 481
Urea purchased from Government of India on High Sea Sale, service charges
not includible in assessable value for Customs duty to be paid by
purchaser - See under VALUATION (CUSTOMS) ................ 530

EXCISE LAW TIMES  15th August 2020  25