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TMI Blog2008 (7) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... retion. In such a situation, where the petitioner itself sought the settlement of the dispute by making an application under Section 127C of the Act and submitted to the jurisdiction of the Settlement Commission, then in that circumstances, once the matter has been settled by the Settlement Commission, who also granted immunity from penalty and prosecution, but declined to grant immunity from payment of interest on the duty from its due date, such an order, in our view, should not be interfered in exercise of the writ jurisdiction under Articles 226/227 of the Constitution of India. Appeal dismissed. - 4904 of 2007 - - - Dated:- 7-7-2008 - Satish Kumar Mittal and Rakesh Kumar Garg, JJ. [Order per : Satish Kumar Mittal, J.]. - The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 of 2005 titled as M/s. SLS Exports Pvt. Ltd. v. The Customs and Central Excise Settlement Commissioner and others, decided on 8-9-2006, and while referring to the provisions of Section 127H of the Act, submitted that the Settlement Commission has jurisdiction/power to grant immunity from interest covered in a contractual obligation. 3. On the other hand, learned Counsel for the respondents submitted that under Section 127H of the Act, the Settlement Commission has the jurisdiction/power to grant immunity either wholly or in part from the imposition of any penalty, fine and interest under the Act, with respect to the case covered by the settlement. However, discretion lies with the Settlement Commission to grant immunity from interest ei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds licence vide bill of entry. The petitioner did not fulfill its export obligation. In the application, the petitioner also sought the grant of immunity from penalty and payment of interest. Vide impugned order, the matter has been settled at Rs. 13,47,839/- and the petitioner was held liable to pay the said amount with interest @ 15% from the date of import of the first consignment till the date of payment. However, the immunity was granted from penalty and prosecution subject to payment of all the dues, including the interest. A perusal of the impugned order shows that the Settlement Commission has not denied the immunity from interest on the ground of jurisdiction, but the same has been denied in the facts and circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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