9911796707
TMI Blog2002 (2) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... Supdtt. and Yash Pal, Inspector, for the Department. [Order]. By this order, we are finally disposing of the application for settlement filed by M/s. Malwa Industries Limited, Ludhiana on 7th July, 2001. The applicant is manufacturer of 100% cotton yarn and 100% Processed Cotton Fabric (Denim Fabric) falling under Chapters 52.04 and 52.07 respectively of C.E. Tariff Act, 1985. The Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,00,000/- in respect of the seized cotton yarn and 100% penalty under Section 11AC. The case is pending in appeal before the Commissioner (Appeal). The Applicant has, therefore, approached this Commission for settlement of his case by accepting the full duty liability as payable. 2. The Applicants were initially heard by the Bench on 18-9-2001 when Mr. Jagmohan Bansal, Advocate appeared on beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Application and allowed to be proceeded with under Section 32F(1) of the Central Excise Act. The Applicant was directed to deposit the balance duty amount of Rs. 66,855/- within 30 days from the receipt of the order and the Commissioner was directed to adjust the amount already deposited as admitted duty liability was Rs. 7,85,157/-. 4. The Applicants were finally heard on 25-1-2002. Both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on the Applicant. 5. We have examined the written submissions made as well oral arguments submitted by both the sides. We find that the Applicant has approached the Commission with a clean hand having admitted the allegations in the SCN and having deposited his entire duty liability. The Revenue has confirmed this fact but desire 100% mandatory penalty to be imposed. 6. Having regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ame. The Applicant is also granted immunity from prosecution under the Central Excise Act, 1944, in respect of the offences relating to the case covered by the Application. 8. The settlement as ordered above shall be void if it is subsequently found by the Commission that it has been obtained by fraud or misrepresentation of the facts. The attention of the Applicant is also drawn to the provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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