Rejection of application by the Settlement Commission - ...

Court Upholds Settlement Commission's Rejection; Settlement Not Conclusive, Issues to Be Adjudicated by Competent Authority Per Act.

August 17, 2021

Case Laws     Service Tax     HC

Rejection of application by the Settlement Commission - Settlement though read under the Act, cannot be construed as conclusive, in view of the fact that in the event of non-settlement, the issues are to be adjudicated before the Competent Authority under the provisions of the Act. Therefore, it is an additional facility or redressal mechanism contemplated under the Act for the benefit of the aggrieved persons/assessees - this being the scope and spirit of the settlement to be done under the provisions of the Central Excise Act, this Court is of an opinion that the findings of the Settlement Commission in the impugned orders are candid and convincing and there is no infirmity or perversity as such. - HC

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