9911796707
TMI Blog2004 (2) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... the Dy. Commissioner of Central Excise, Ludhiana Division answerable to the Joint Commissioner (Preventive), Central Excise Commissionerate, Ludhiana. 2. The facts of the case are that the applicant is engaged in the manufacture of woollen yarn falling under Chapter Heading 51 of the First Schedule to Central Excise Tariff Act, 1985. During the period April, 1998 to December, 1998, the applicant had cleared 39,739 Kgs. of 100% woollen yarn in the garb of blended woollen yarn. By doing so, the applicant under valued the said 100% woollen yarn to the tune of Rs. 78,76,754/- involving central excise duty of Rs. 7,23,741/-. During the scrutiny of records following the visit by the Central Excise Preventive staff, Patiala to the factory premis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f SCN. Hence he pleaded that he may be granted immunity from interest and penalty leviable under the Act as well as prosecution under the Act and any other law. Inasmuch as he accepted the charges contained in the SCN in full and as he had paid the duty demanded, he stated that he had nothing further to add and prayed for final order also to be issued by the Commission in the case. 4. The representative of revenue referred to the comments of the Commissioner of Central Excise, Ludhiana in his written submissions dated 16-2-2004 wherein the Commissioner had stated that it was very clear that the subject goods were under valued to evade payment of duty and the same might have gone unnoticed had the Preventive staff not visited the said unit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 7. On the request of the applicant s Counsel to pass final orders as well, we find that both sides have affirmed that they have no more comments/arguments to adduce than what have already been said. This is a case, where the applicant has accepted the allegations in toto and paid the differential duty demanded in full. As there remains nothing further for examination or deliberation, we accede to the request of the Counsel. 8. We note that the applicant has accepted the allegations contained in the SCN in toto and has also paid the amount of duty demanded in the SCN. Accordingly we hold that the applicant is eligible for the immunities under Section 32K of the Act. In the circumstances, the case is settled on the following terms and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
