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2015 (7) TMI 751 - HC - Central ExciseValidity of order of settlement commission - a plea that the report was not furnished well in advance for perusal was not taken into account - Held that:- Respondent No.2 has processed the application submitted by the petitioner, to a substantial stage. Not only the matter was discussed at length with reference to the relevant material, but also the report was called for, through a Commissioner attached to it. On a perusal of the record before it, as well as the report submitted by the Commissioner, respondent No.2 took the view that there are some more aspects that were not revealed by the writ petitioner. - The relief to be granted by the Settlement Commission is in the form of immunity from prosecution. That, however, is a reward for the assessee being truthful. The relevant procedure mandates that it is only when the disclosure is complete and truthful in all respects, without any reservation, that the Settlement Commission can be expected to grant relief. If it finds that any information or fact that has bearing upon the assessment has been withheld from it, it can simply refrain from proceeding further, and drop the proceedings at that. - Matter remanded back - Decided in favour of assessee.
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