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TMI Blog2006 (5) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... ty that are proposed under show-cause notice No. 298/KZU/RRU/Gr-C/KOL/05/5219-5220 dated 30-9-2005 issued by DGCEI, Kolkata. The applicant has also prayed for waiver of prosecution. The co-applicant also applied with the prayer to waive the penalty proposed on him by the said SCN. 2. Both the applications were admitted vide Order No. A. 87/CE/2006-SC (KB) dated 21-3-2006 with the direction to the applicant to deposit the balance amount of duty of Rs. 4,94,364/- within 30 days from the date of the order. The applicant has complied with the order vide PLI entries No. 272 dated 7-12-05, No. 276 dated 4-1-06 and No. 278 dated 6-1-06 as per his letter dated 18-4-06. Respondent Commissioner was also directed to appropriate Rs. 2,20,665/- deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent Commissioner submitted the facts of the case. He maintained had the case not been investigated, the offence would not have been detected. He prayed that immunities may not be granted in this case. 5. Shri Kartik Kurmy, ld. Advocate, appeared for the applicants. He gave a written submission before the Commission. At the outset he submitted that the applicant is a declared sick industry and implementing revival package sanctioned by the BIFR in 2003 to improve its financial position. Due to acute financial crisis, there was some delay in payment of duty on the bonus amount. The amount of duty was claimed from DSP by raising invoice on 7-4-2005 and 3-11-2005. The investigation was carried out and SCN was issued involving duty of Rs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the case. We have also considered the written submission of the applicants. We find that the applicant admitted entire C.E. duty of Rs. 7,15,029/- and deposited the same. We also find that the applicant had paid interest of Rs. 15,448/- for delayed payment of duty. The applicant is a sick industry and trying to revive by BIFR package. The applicants came up with a true and full disclosure and cooperated with the Commission. Considering the applicant s financial position and in view of the cooperation extended during the proceedings, their prayer for immunities merit consideration. Accordingly, we settle this case in terms of Section 32K of the Act. 8. Out of the total C.E. Duty of Rs. 7,15,029/-, Rs. 2,20,665/- stands appropriated by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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