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2015 (10) TMI 728 - CALCUTTA HIGH COURTEvasion of duty - Imposition of penalty - Held that:- order of the Settlement Commission on the previous occasion is lucid and leaves no room for doubt. The order of January 4, 2011 found that the petitioner company was liable to the extent of ₹ 33,44,227/- on account of additional duty. Such amount was required to be appropriated from the sum of ₹ 35 lakh that had been kept in deposit by the petitioner company. The Settlement Commission found that the petitioner company was liable to pay interest of ₹ 62,876/-, which was also required to be deducted from the deposit already made. - it is clear from the previous order in this case as to why the penalty was imposed. The petitioners were found by the central excise Commissioner to have evaded duty. The petitioners approached the Settlement Commission by offering to pay a substantial part of the additional duty and the Settlement Commission found that the petitioner company ought to be penalised to a certain extent for having evaded the duty that it was originally liable to pay. - In the light of the penalty imposed on the petitioner company herein and such penalty covering the expression “concealment of particulars of his duty liability” in Section 32-O of the said Act, the Settlement Commission cannot be faulted for having rejected the subsequent attempt at settlement. - Decided against assessee.
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