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2014 (12) TMI 609 - BOMBAY HIGH COURTApplication for settlement - Failure to make full and true disclosure and non-cooperation on the part of the petitioners - Held that:- It cannot be disputed that an applicant before the Settlement Commission is obliged to make a full and true disclosure in its application and also cooperate with the Commission. This is so as the basis of Chapter XIVA of the Act is meant for an assessee suffering from contriteness. Therefore, the proceeding before the Settlement Commission is not adverserial. However, in this case the petitioners proceeded on the basis that in law they were not required to produce the original purchase invoice of the lessor of the barge as the issue to be settled is a dispute between the Customs Department and the petitioners as formulated in the show cause notice. The petitioners having accepted the valuation made in the show cause notice and the report of the Commissioner of Customs made before the Settlement Commission, no interference in respect of valuation of the barge is called for. When the entire duty liability and interest as demanded in the show cause notice has been paid by the assessee, it is not possible for the Settlement Commission to conclude that the petitioners have not cooperated or not disclosed full and true facts in their application for settlement. However, it must be pointed out that in the facts existing in the above case, the Court held that the revenue was unable to point out what cooperation has not been extended. - applicant is required to make a full and true disclosure and also cooperate with the Commission. However, as the petitioners have now provided the purchase invoice dated 16 August 2006, it would be appropriate for the Commission to consider the same and pass an order - Matter remanded back - Decided in favour of assessee.
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