2013 (1) TMI 382 - HC - Central Excise

Settlement commission - Whether difference in interest liability calculated by assessee amounts to non-cooperation in disclosing full facts with honesty, results relegated the matter to the adjudicating authority - Assessee filed an application before the Settlement Commission seeking settlement - Entire amount claimed in the SCN has been offered to tax - Held that - Since the petitioner has admittedly paid the entire duty liability of Rs. 60.45 lakhs claimed by the Revenue and has also offered to pay interest amounting to Rs. 5.28 lakhs. The Settlement Commission could not have recorded that the petitioner has not cooperated.The decision of the Settlement Commission that the petitioner has not cooperated in the proceedings cannot be sustained. In favour of assessee

Summary

Issues:
Challenge to final order of Settlement Commission dated 16th January 2012.

Analysis:
The writ petition was filed to challenge the final order of the Settlement Commission dated 16th January 2012, which had relegated the case to the adjudicating authority. The petitioner had been issued a show-cause notice on 23rd February 2011, calling for an explanation as to why the petitioner and the foreign supplier should not be considered related companies, and why the invoice value should not be increased to recover a differential duty amounting to Rs. 60.45 lakhs.

The petitioner, upon receiving the show-cause notice, filed an application before the Settlement Commission seeking settlement of the dispute. In this application, the petitioner admitted the duty liability of Rs. 60.45 lakhs and paid the amount. However, during the hearing, there was a discrepancy regarding the interest liability on the amount, which was disputed by the Revenue. Consequently, the Settlement Commission, in its order dated 16th January 2012, concluded that the petitioner had not cooperated by withholding full facts and honesty, leading to the case being referred back to the adjudicating authority.

The petitioner argued that since the entire amount claimed in the show-cause notice had been offered to tax, the Settlement Commission's finding that the petitioner had not cooperated was unfounded. The petitioner had paid the full duty liability and was willing to pay the interest amount as well. Therefore, the decision of the Settlement Commission regarding lack of cooperation was deemed unsustainable. The petitioner expressed readiness to deposit the interest amount of Rs. 5.28 lakhs within a week.

Consequently, subject to the petitioner depositing the interest amount within the stipulated time frame, the High Court quashed and set aside the impugned order of the Settlement Commission dated 16th January 2012. The matter was remanded back to the Settlement Commission for fresh adjudication on merits and in accordance with the law. The writ petition was disposed of with no order as to costs.