2005 (7) TMI 547 - Commission - Central Excise

Summary

Issues: Settlement application under Central Excise Act, 1944 regarding evasion of duty and clandestine removal of goods.

Detailed Analysis:

1. Settlement Application and Show Cause Notice:
The Settlement Applications filed by the main applicant and two others were disposed of after admitting additional liability to duty as demanded in the Show Cause Notice. The Notice demanded duty amounting to Rs. 4,71,362 and proposed penalties under various sections of the Central Excise Act, 1944.

2. Investigation and Admission:
Based on intelligence, simultaneous searches were conducted, leading to the recovery of evidence regarding unaccounted production and clandestine removal of goods. The applicants admitted their lapses, agreed to pay the demanded duty, and requested immunity from penalties and prosecution.

3. Admission Order and Settlement:
The Settlement Commission carefully considered the settlement application and submissions, admitting the applications and directing the appropriation of the deposited amount towards the duty liability. The Commission acquired exclusive jurisdiction and requisitioned relevant records, finding no additional documents to be submitted.

4. Final Hearing and Submissions:
During the final hearing, the applicants' advocate highlighted the period of dispute, full payment of demanded duty, and cooperation with the Commission. The advocate sought immunity from penalties, interest, and prosecution, emphasizing the applicants' disclosure and lack of financial gain.

5. Department's Response:
The Department's representative argued against granting immunities, citing deliberate evasion and suppression of facts. The representative highlighted the detection of evasion by the DGCEI and emphasized the applicants' responsibility for willful violation of statutory provisions.

6. Settlement Terms and Conditions:
After considering all submissions, the Bench settled the case under Section 32F of the Central Excise Act, 1944. The applicants were granted immunity from interest, fines, penalties, and prosecution. A refund of the balance amount was ordered to be made within 30 days.

7. Immunity Provisions and Withdrawal:
The immunity granted to the applicants could be withdrawn if they failed to comply with the settlement order's terms or concealed material information. The Settlement Commission reserved the right to withdraw immunity if false evidence was provided during the proceedings.

This detailed analysis covers the issues, proceedings, submissions, and final settlement terms of the judgment delivered by the Settlement Commission under the Central Excise Act, 1944.