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TMI Blog2017 (5) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... f the petitioner for settlement, subject to certain terms and conditions. 2. Heard Mr. Anup Koushik Karavadi, learned counsel for the petitioners. Dr. N.Uma Shankar, learned Junior Standing Counsel, takes notice for the 1st respondent. Mr. B.Narasimha Sarma, learned Senior Standing Counsel, takes notice for the respondents 2 and 3. 3. The 1st petitioner is a company engaged in the manufacture of sponge iron falling under Chapter Sub-heading 72031000 of the Central Excise Tariff Act, 1985. The 2nd petitioner is the Managing Director of the 1st petitioner. 4. Initially, a show cause notice was issued to the petitioner on 24-12-2012 proposing to confiscate about 111.5 metric tonnes of sponge iron on the basis of the interception of 4 lorrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Commissioner and pay the same along with the payment of balance amount of duty, within 30 days of receipt of this order. c) In the facts and circumstances of the case, the Bench imposes a penalty of Rs. 2,00,000/- (Rupees Two Lakhs only) on the applicant under the provisions invoked in the Show Cause Notice and grants immunity from penalty in excess of that amount. d) The Bench imposes penalty of Rs. 25,000/- (Rupees Twenty Five Thousands only) on Shri N.Anand Rao, Managing Director, and co-applicant, under the provisions invoked in the Show Cause Notice; e) The amounts of duty and interest settled and penalties imposed in paras 7.1(a), (b), (c) and (d) should be paid by the applicant and the co-applicant within 30 days of receipt of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion is also converted into an adjudicating body, then the very purpose of having a Commission will get lost. This is why certain pre-conditions are laid in Section 32E. The assessees who have excellent cases, may be entitled to fight out their cases in the normal channel of remedies available under the Act. 10. When the scope of the jurisdiction under Article 226 of the Constitution of India even as against the Orders-in-Original is circumscribed, the same is much more rigorous in respect of orders of the Settlement Commission. The Settlement Commission in this case has recorded certain findings about clandestine removal of goods and thought fit to still accept the application for settlement, by imposing certain conditions. The scope of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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