2001 (3) TMI 973 - Commission - Central Excise

Summary

Issues:
Application for settlement under Section 32E of Central Excise Act, 1944.

Analysis:
The judgment pertains to an application for settlement filed by M/s. R.B. Commercial Corporation and Shri Manish G. Kapasi & M/s. Safe Sure Enterprises under Section 32E of the Central Excise Act, 1944. The case involves the clandestine clearance of goods without payment of excise duty, leading to the seizure of goods valued at Rs. 4,84,301/- and subsequent demand notices issued by the Joint Commissioner, Central Excise. The applicants admitted the duty liability and sought settlement, requesting adjustment of the admitted amount against the deposit made. The Commission allowed the application to proceed and adjusted the admitted amount from the deposit.

The judgment also addresses the applications filed by co-noticees Shri Manish G. Kapasi and M/s. Safe Sure Enterprises, which were admitted by the Commission for settlement. During the final hearing, an application was presented requesting consideration of a CEGAT judgment for benefit of cum-duty price, which was reviewed by the Commission.

The Commission considered the contentions of the applicants and the Revenue regarding the duty liability and penalty imposition. It was observed that the applicants clandestinely cleared goods through a trading concern, M/s. Safe Sure Enterprises, without complying with the provisions of Section 12A of the Central Excise Act, 1944. The Commission determined the settlement amount payable by the applicant and granted waivers of interest and penalty due to full disclosure and cooperation in settlement. Immunity from prosecution was also granted to the applicants.

The judgment further directed the return of the balance amount deposited by the applicant, discharge of security bonds, and clarified the debiting of Central Excise duty on seized goods. It emphasized that the settlement would be void if obtained through fraud or misrepresentation of facts. All concerned parties were informed accordingly.

This detailed analysis of the judgment highlights the key legal aspects, procedural steps, and outcomes of the settlement application under the Central Excise Act, 1944, providing a comprehensive understanding of the case and its resolution.