2003 (4) TMI 425 - Commission - Central Excise

Summary

Issues Involved:
Settlement of dispute under Section 32E of the Central Excise Act based on a Show Cause Notice alleging evasion of excise duty, Cenvat credit recovery, penalty imposition, confiscation of seized goods, appropriation of paid amounts, and interest calculation and payment.

Settlement of Dispute:
The applicants, M/s. Ralson Carbon Black Ltd. and its Director, filed an application for settlement under Section 32E of the Central Excise Act concerning a Show Cause Notice dated 26th February, 2001. The Notice detailed various allegations of evasion of excise duty through misrepresentation of assessable values, issuance of false invoices, clandestine clearances, and discrepancies in recorded quantities. The applicants were required to show cause regarding the evaded excise duty, Cenvat credit recovery, penalty imposition, confiscation of goods, appropriation of paid amounts, and interest charges.

Admission Order and Payment:
The case proceeded with an Admission Order directing the applicants to pay the admitted duty liability of Rs. 13,27,896. An amount of Rs. 3,04,850 already deposited was adjusted, and the balance was ordered to be paid within 30 days. The applicants complied by paying the balance amount as confirmed by the Commissioner.

Settlement Proceedings:
During subsequent hearings, the applicants admitted the duty payable as per the Show Cause Notice, and since the Revenue did not dispute further liability, settlement was sought based on the admitted duty. The Settlement Commission reviewed the case record, finding the reliance on a previous case not entirely applicable but acknowledged the full admission of duty liability by both parties.

Settlement Terms:
The settlement was reached for the admitted duty amount of Rs. 13,27,896, which had already been paid. The applicants were granted immunity from fines and penalties due to full disclosure. Seized goods were released, and immunity from prosecution was provided. However, interest payment under Section 11AC of the Act was ordered, calculated at 10% with any excess interest waived. The applicant was directed to calculate and pay the interest within 30 days, subject to Revenue verification.

Validity of Settlement:
The settlement would be void if obtained through fraud or misrepresentation. All relevant parties were to be informed accordingly about the settlement terms and conditions to be adhered to.

This detailed analysis covers the settlement process, admission of liability, payment compliance, terms of settlement, and the validity of the settlement agreement as per the legal judgment delivered by the Settlement Commission.