2002 (2) TMI 679 - Commission - Central Excise

Summary

Issues: Settlement application for excess stock of cotton yarn and shortage of denim fabric, duty liability, waiver of interest, penalty, and prosecution, admission of allegations, settlement conditions, immunity from penalty, fine, interest, and prosecution.

Settlement Application and Duty Liability:
The case involved a settlement application by M/s. Malwa Industries Limited for excess stock of cotton yarn and shortage of denim fabric. The Central Excise officers found an alleged excess of 307 bags of cotton yarn and a shortage of denim fabric. The Addl. Commissioner confirmed the duty demand and imposed a redemption fine and penalty. The applicant approached the Settlement Commission to settle the case by accepting the full duty liability as payable.

Admission of Allegations and Settlement Conditions:
The Bench admitted the application after examining written submissions and oral arguments. The applicant accepted to pay the total duty amount but requested a waiver of interest, penalty, and prosecution. The Revenue had no objection if the case was admitted subject to payment of full duty liability. The Bench found that the applicant satisfied the requirements and allowed the case to proceed under the Central Excise Act.

Grant of Immunity and Settlement Order:
After further hearings, the applicant had already deposited the entire demanded amount and requested waivers. The Revenue confirmed the payment but sought penalties due to non-payment of additional excise duty. The Commission found that the applicant approached with clean hands, admitted the allegations, and paid the duty liability. The settlement was ordered with the condition to pay the duty amount, which the applicant had already paid. Immunity was granted from penalty, redemption fine, interest, and prosecution related to the case.

Conditions and Immunity Provisions:
The settlement would be void if obtained by fraud or misrepresentation. The applicant was granted immunity from penalty, fine, interest, and prosecution under the Central Excise Act for the offenses related to the case covered by the application. The applicant was advised on the provisions for withdrawal of immunity as per Section 32K of the Act.