2015 (3) TMI 1187 - Commission - Central Excise

Application for settlement - Held that - Bench observes that as per the provisions of Section 32E(1) of the Central Excise Act, 1944, an assessee can make an application for settlement only before adjudication. Since the show cause notice had already been adjudicated before the application was filed for settlement, Bench concludes that such an application cannot be entertained. Once the application for settlement itself is outside the purview of this Commission, the request of Shri Anjan Dasgupta, advocate, during the hearing on 6-2-2015 to condone the delay in filing an appeal before Commissioner (Appeals) can also not be considered.

Summary

Issues:
Settlement of dispute arising from show cause notice under Central Excise Act, 1944 - Adjudication of duty liability, interest, and penalty - Application for settlement after adjudication - Condonation of delay for filing appeal.

Analysis:
1. Settlement Application: The judgment pertains to three Settlement Application Nos. filed by M/s. Asansol Alloys Pvt. Ltd., Director, and Authorised Signatory under Section 32E of the Central Excise Act, 1944, for the settlement of a dispute arising from a show cause notice issued by the Deputy Commissioner, Central Excise, Bolpur Commissionerate.

2. Facts of the Case: The case involved a shortage of Silico Manganese detected during a search operation, leading to the admission of clandestine removal without payment of duty. The applicants admitted duty liability and voluntarily submitted a cheque towards the same.

3. Show Cause Notice: The applicants were called upon to show cause regarding the demand and recovery of the duty amount, interest, and imposition of penalties under relevant sections of the Act. Co-applicants were also asked to explain why penalties should not be imposed on them.

4. Applicants' Submissions: The applicants contested the weighment of finished goods, alleging discrepancies in stock verification. They claimed innocence, attributing the discrepancies to the actions of Central Excise Officers during the search operation.

5. Department's Position: The jurisdictional Commissioner reiterated the contents of the show cause notice, highlighting the wilful act to evade duty payment. The Department informed the Bench about the duty payment and disputed the applicability of interest under Section 11AA.

6. Hearing and Proceedings: The Settlement Commission allowed the applications to proceed, called for relevant case records, and fixed a hearing date. The applicants sought reduction of duties and immunity from penalties, emphasizing full disclosure and duty payment.

7. Adjudication and Appeal: The case records revealed that the show cause notice had been adjudicated before the application for settlement was filed. The Bench concluded that the application for settlement could not be entertained as per Section 32E(1) of the Act.

8. Decision: Consequently, the Bench dismissed the applications filed by M/s. Asansol Alloys Pvt. Ltd., Director, and Authorised Signatory, as the application for settlement was made after the adjudication had taken place, rendering it outside the Commission's purview. The request for condonation of delay in filing an appeal was also not considered in light of the above.