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2016 (10) TMI 120 - HC - Central ExciseSeeking deletion of adverse remark from order dated 29th October, 2014 - "It is a clear case of suppression and misdeclaration of facts with intent to evade duty" - Central excise duty, interest component and equal penalty has been paid by the petitioner under the impugned order - petitioner had not disclosed the value of dies/fixtures in the declared value of parts/components - Held that:- we do not think that there was any need to record a finding that there is a suppression and mis-declaration of facts with intent to evade duty. The Settlement Commission, in this case, took the application for settlement on record and adjudicated it in accordance with law. The very purpose was to provide an opportunity to parties like the petitioner to come clean by readily accepting the calculations and computation. Precisely, that has been done and there is no challenge to the order of the Settlement Commission on merits. The findings that the disclosures are honest and yet there is suppression and mis-declaration of facts cannot be reconciled. We, therefore, delete that part of the order. The petitioner will not derive any benefit in the form of refund of duty, interest and penalty already paid under the order of the Settlement Commission. - Decided in favour of petitioner
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