DIRECTORATE OF REVENUE INTELLIGENCE Vs. M.I. ENTERPRISES

JUDGEMENT

(1.) THIS writ petition is directed against the Final Order No. F -2446 -48/CUS/15 -SC (PB) issued by the Customs and Central Excise Settlement Commission, New Delhi on 30 -6 -2015 whereby the applications for settlement being Nos. 4620/2015 & 4622/2015 have been disposed of. The issue relates to the import of Christmas Lights, LED Bulbs, Decoration Lamps, etc. The allegations against the respondents were that they had made this importation contrary to the provisions of Customs Act, 1962 as also the Foreign Trade Development & Regulation Act, 1992. It is also the case that there was misuse of the IE Code. A common show cause notice dated 9 -1 -2015 was issued by the Additional Director of Revenue Intelligence, Delhi Zonal Unit, Lodhi Road, New Delhi. At that stage, the respondents moved the aforesaid applications for settlement before the Settlement Commission. The settlement applications were allowed to be proceeded with and, ultimately, resulted in the impugned final order. The Settlement Commission observed and held as under: - -

(2.) MR . Satish Aggarwala appearing for the petitioner/Directorate of Revenue Intelligence contends that the Settlement Commission has taken a very lenient view in imposing the fines and penalties. According to him, in a case of this nature, the fines should have been much higher as also the penalty amount. We have also heard the learned counsel for the respondents.