2016 (10) TMI 298

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..... tion order and as per section 127J of the Customs Act, 1962 is an order of settlement between the department and the assessee and it cannot be reopened. The decision of the Hon'ble High Court of Bombay in Indorama Synthetics (India) Ltd. vs. UOI [2013 (1) TMI 100 - BOMBAY HIGH COURT] apply where it was held that the order of the Settlement Commission is not an adjudication order and is settleme .....

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..... ation that the respondent are not entitled to the cenvat credit as the same has been taken on countervailing duty which became recoverable by allegation of fraud, mis-statement or suppression of fact etc. The respondent herein were importing various goods and claiming the benefit of notification 25/99-Cus which allowed them concessional rate of duty. On an investigation conducted by the DRI it .....

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..... d by the respondent before the Settlement Commission and availed cenvat credit cannot be reopened. 4. Ld. Departmental Representative would submit that once there is an allegation of suppression of facts and in a statement the entitlement availed cenvat credit of such an amount is barred by Rule 7 of Cenvat Credit Rules. He would also submit that Settlement of the case by the appellant before .....

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..... ubmit that reliance is placed on the judgment of the Tribunal in the case of Indian Oil Corporation Ltd. 2011 (274) ELT 561 for the proposition that a settlement before the Settlement Commission is not admission of guilt and hence cenvat credit availed is correct. He would submit that it has been held by the Hon'ble High Court of Delhi in Ashwani Tobacco Co. Pvt. Ltd. 2010 (251) ELT 162 that .....

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..... 'ble High Court of Bombay in Indorama Synthetics (India) Ltd. is directly on the point inasmuch as the order of the Settlement Commission is not an adjudication order and is settlement of the case. Availing of cenvat credit on the amounts settled before the Settlement Commission is not barred by any provision of the Cenvat Credit Rules, 2004. In the absence of any provisions, we do not find .....

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