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2009 (8) TMI 461 - HC - Central ExciseOrder of settlement commission- the petitioner has challenged the order dated 12-7-04, passed by the Settlement Commission. Held that- We find that the annual capacity of the furnace has been determined by the authorities. The liability of duty was admitted and in fact had been paid. Thus by making the application, there was no fresh discloser of the liability for duty. In the application which has been filed as Annexure A2 to the writ petition, we find that no such discloser of any fresh duty liability has been made. We may mention here that the Settlement Commission has to proceed on the basis of the fact stated in the application of the petitioner and not on the facts which has not been stated before in the writ petition. The Settlement Commission was, therefore, right in rejecting the application. The order does not suffer from any illegality. The writ petition fails and is dismissed.
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