2008 (9) TMI 654 - AT - Central Excise

Summary

Issues:
1. Modification of Order Number in the preamble of the order.
2. Effect of respondent's application before Settlement Commission on challenging show cause notice.
3. Acceptance of allegations based on approaching Settlement Commission.

Analysis:
1. The judgment addresses the issue of modifying the Order Number in the preamble of the order. The Revenue filed a ROM seeking modification of the Order Number in a previous order where the appeal against the Commissioner (Appeals) decision was rejected. The tribunal rectified the mistake and modified the Order Numbers to reflect the correct details, ensuring accuracy in the records.

2. The second issue involves the effect of the respondent's application before the Settlement Commission on their right to challenge the show cause notice. The Revenue argued that the respondent's application before the Settlement Commission should be considered as an admission of guilt. However, the respondent contended that approaching the Settlement Commission does not diminish their right to challenge the notice before the authorities. The tribunal agreed with the respondent, emphasizing that the decision was based on the evidence available and not on the application to the Settlement Commission.

3. Lastly, the judgment discusses the acceptance of allegations based on the respondent's approach to the Settlement Commission. The tribunal upheld the decisions of the Commissioner (Appeals) and Tribunal, stating that there was no evidence establishing the clubbing of clearances of various units. The tribunal clarified that the respondent's application to the Settlement Commission, which was not accepted, does not constitute evidence against the assessee. Therefore, the Revenue's application on this point was rejected, affirming the decision based on the evidence on record.