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2010 (3) TMI 71 - PUNJAB & HARYANA HIGH COURTOrder of settlement commission – power to assessee the value of goods - Settlement Commission after considering the rival claims of the parties, passed an order under section 32F(5) of the 1944 Act directing the assessee to pay amount of Rs.31,88,629/- towards duty with interest, redemption fine and penalty but granted immunity from prosecution and waived part of interest, redemption fine and penalty. It was further held that the revenue was entitled to return the amount of Rs.35,38,521/- being the value of goods which were seized after deducting redemption fine in respect of the said goods. - The revenue has filed this petition on the ground that the Settlement Commission could not assess the value of goods. – held that - In view of undisputed facts that the goods of the assessee were seized and were neither confiscated nor returned, there is no illegality in the order of the Settlement Commission in directing return of value of goods, while determining liability of the assessee – decided in favor of assessee
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