2014 (12) TMI 1258

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..... e. Bearing that legal principle in mind, if the impugned order is examined, the Settlement Commission has given elaborate reasons to justify their stand with regard to the demand of duty. With regard to the fixation of amount to be remitted to have the benefit of settlement, this Court cannot make a roving enquiry into the factual issues which has been dealt with by the Commission after taking note of the submission of the petitioner as well as the report submitted by the Revenue. Therefore, the findings rendered by the Commission directing the petitioner to pay the Central Excise duty at ₹ 37,80,089/- is confirmed. With regard to the levy of penalty on the first applicant/petitioner and the demand of interest, it is seen that the .....

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..... it amount availed by the petitioner. On completion of investigations, the Additional Commissioner, Pondicherry issued show cause notice dated 6-1-2004 as to why the petitioner should not be demanded Cenvat credit to the tune of ₹ 48,38,580/- besides proposals for imposing penalty under various sections of the Act and Rules and interest. 3. The petitioner approached the Settlement Commission by filing an application to settle the issue by contending that the demand proposed to be made on the petitioner is not in accordance with law. The Settlement Commission allowed the matter to proceed, by passing an order and the Revenue was directed to file their report. After considering the entire matter, the Settlement Commission passed the i .....

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..... ution to the dispute in a proper manner thereby balancing the interest of the assessee and protecting the interest of the Revenue. Bearing that legal principle in mind, if the impugned order is examined, the Settlement Commission has given elaborate reasons to justify their stand with regard to the demand of duty. With regard to the fixation of amount to be remitted to have the benefit of settlement, this Court cannot make a roving enquiry into the factual issues which has been dealt with by the Commission after taking note of the submission of the petitioner as well as the report submitted by the Revenue. Therefore, the findings rendered by the Commission directing the petitioner to pay the Central Excise duty at ₹ 37,80,089/- is con .....

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