2007 (10) TMI 112 - HC - Central Excise

U/S 32E Settlement Commission has power to grant immunity from prosecution, imposition of penalty, fine & payment of interest Only HC or SC can enquire the order of Sett. Comm. only if it is contrary to provision of the Act or suffers from bias.

Summary

Issues:
1. Quashing of order granting immunity from payment of interest.
2. Dismissal of application seeking rectification of the order.
3. Jurisdiction of Settlement Commission to grant immunity.
4. Challenge to the Settlement Commission's order.
5. Scope of judicial scrutiny over Settlement Commission's orders.

Analysis:
1. The petition sought partial quashing of the order granting immunity from payment of interest. The assessee had availed Cenvat credit on inputs written off earlier, leading to a demand notice for central excise duty and interest. The Settlement Commission granted immunity from interest payment based on the assessee's cooperation and disclosure, settling the matter under Section 32F of the Act. The petitioner contended that the Commission lacked jurisdiction to order interest refund.

2. An application was made to rectify the order granting immunity, which was dismissed by the Settlement Commission. The petitioner argued that the Commission exceeded its authority in deleting interest and ordering its refund. The Commission's decision was based on the assessee's cooperation and full disclosure of duty liability, leading to the grant of immunity from interest payment.

3. The jurisdiction of the Settlement Commission to grant immunity from prosecution, penalty, and interest was challenged. The Commission's powers under Section 32K of the Act allow it to grant immunity subject to conditions, including cooperation and full disclosure by the applicant. The Commission's decision to grant immunity from interest payment was found to be within the parameters of the Act.

4. The Settlement Commission's order was challenged on the grounds that it lacked jurisdiction to grant immunity from interest payment. The petitioner argued that interest was recoverable under Section 11AC of the Act, as the duty and interest were voluntarily paid before the show cause notice. However, the Commission's decision was upheld as being within the statutory framework.

5. The scope of judicial scrutiny over Settlement Commission's orders was discussed, emphasizing that the review is limited to whether the order contravenes any provisions of the Act or exhibits bias, fraud, or malice. The principles from a Supreme Court judgment regarding settlement of cases under the Income Tax Act were applied to the present case, concluding that the Settlement Commission had acted within its authority in granting immunity from interest payment.

In conclusion, the High Court dismissed the petition, finding no violation of the Act in the Settlement Commission's decision to grant immunity from interest payment, as it fell within the statutory provisions. The Court emphasized the limited scope of judicial review over the Commission's orders, focusing on legality of the procedure followed rather than the validity of the decision itself.