TMI Blog2004 (2) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... Udayakumar, Dy. Commissioner, for the Department. [Order]. M/s. Thyssenkrupp JBM Pvt. Ltd., hereinafter called the applicants, are alleged to have manufactured and cleared passenger car parts falling under Chapter Heading 8708 of the First Schedule to Central Excise Tariff Act, 1985, to M/s. Ford India Ltd. from 1-6-99 to 15-7-2000 without including the ammortised tool cost in the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tlement under Section 32E of the CEA, with reference to the aforesaid SCN, seeking immunity from imposition of interest, penalty and prosecution in their application dt. 31-7-2002. They plead that tooling agreement with M/s. Ford India was concluded and signed only on 13-7-2000, that on being pointed out they remitted the entire amount by debiting the RG 23A Part II on 14-7-2000 and 20-7-2000, tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as fully co-operated during the proceedings and paid the entire duty demanded, not getting into legalities. Shri Udayakumar, Deputy Commissioner, Tambaram Division, Chennai-III Commissionerate, appeared for the Revenue and reiterated the facts mentioned in the letter dt. 10-9-2003 of the respondent Commissioner. 5. On examination of the contents of the application for settlement, as well as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions. (I) The duty liability is settled at Rs. 79,09,483/-. The same is adjusted from the amount already paid. Nothing further remains to be paid towards duty liability by the applicant. (II) Immunity is granted to the applicants in respect of penalty and interest under the Central Excise Act, 1944. (III) Immunity from prosecution is granted under the Central Excise Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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