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2008 (9) TMI 582 - HC - Central ExciseReward to informer information on misuse of exemption and fraud quantum of award - Award equivalent to 20% of amount recovered - Held that - reward amount has been sanctioned by the reward committee taking into account all factors including actual revenue realized by the Department it will be open to the Appellant to institute appropriate proceedings in the civil court for that purpose - appeal is dismissed
Issues:
Appeal against order dismissing Writ Petition, Settlement Commission's terms of settlement, Reward claim dispute. Analysis: 1. The appeal was filed against the order dismissing Writ Petition by the Appellant, a senior citizen, who provided information leading to the detection of excise duty evasion by a third party. 2. The Settlement Commission laid down terms of settlement regarding excise duty liabilities for the firms involved, FIM and PFI, based on the information provided by the Appellant. The Appellant was rewarded with Rs. 1,20,00,000 for assisting in detecting the fraud. 3. Dispute arose when the Appellant claimed a higher reward based on the recovery amounts from the firms. The Department, however, contended that the recovered amount was only Rs. 8,35,96,077 from PFI, Pondicherry, and no duty was charged from FI, Meghalaya as no goods were manufactured there. 4. The learned Single Judge held that the Appellant had already been rewarded as per guidelines, and the decision not to award a higher amount was not illegal. The Court found no justification to issue a mandamus for a higher reward. 5. The High Court, after considering the submissions, upheld the decision of the Single Judge, stating that there was no merit in the appeal. The Appellant was advised to pursue civil court proceedings if disputing the recovered amounts to claim a higher reward. 6. Ultimately, the appeal was dismissed by the High Court, affirming the decision of the Single Judge and rejecting the Appellant's claim for a higher reward based on the excise duty recovery amounts.
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