9911796707
TMI Blog2001 (7) TMI 1242X X X X Extracts X X X X X X X X Extracts X X X X ..... rs, namely, Shri Rakesh Gupta and Shri Naresh Kansal. M/s. Kansal Industries is a partnership firm and, is, inter alia, engaged in the business of manufacturing of parts and accessories of Motor Vehicles and Tractors (hereinafter referred to as the 'OE Parts') falling under sub-heading No. 8708.00 of the Central Excise Tariff Act, 1985. The applicants used Hot Rolled and Cold Rolled Flat products (HR/CR sheets) as specified by their customers. The Central Excise Department initiated investigation in September, 1999 on the credits availed by the applicants. A show cause notice was issued on 4-4-2000 to Unit-I proposing denial of MODVAT Credit of Rs. 42,07,611/- fraudulently availed during the period from January, 1995 to May, 1999. Another s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show cause notice amount of Rs. 8,81,635/- in respect of Unit-II. The applications were fixed for Admission hearing on 20-3-2001 and at the request of the applicants, the hearings were adjourned to 3-4-2001. On 2-4-2001, the applicants filed further applications amending the disclosure and they accepted further duty liability in respect of both the units. In the amended application the additional amount of duty acceptable as payable is Rs. 41,18,776/- in respect of Unit-I and Rs. 8,81,635/- in respect of Unit-II. Both the applications were heard on 3-4-2001. Their applications were admitted under Section 32F(1) of the Central Excise Act, 1944 by Commission's order dated 9-4-2001 and they were allowed to make payment of the admitted amount i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heir full duty liability as spelt out in the Show Cause Notices dated 4-4-2000 and 23-10-2000 and they have fully cooperated with the proceedings before the Commission. After the Admission of the case, the applicants have come forward acknowledging their full liability including the time barred liability of Rs. 88,835/- which was not admitted in their amended Application.. Their prayer for providing them immunity from prosecution for offences under Central Excise Act, 1944 and for penal liability under the aforesaid Act and the Rules made thereunder, according to us, is well covered under Section 32K(1) of the Act. We accordingly grant immunity to all the 3 applicants in this case from prosecution for any offence under the Central Excise Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liability of the applicants in this case along with simple interest at the rate of 10% per annum from the month following the date of availing the inadmissible credits to the date of payment. We may clarify that the interest amount shall be worked out by the applicant for the credits availed during the period from 28-9-1996 to May, 1999 and intimated to the Commission within two weeks of the receipt of this order. 6. The amount of interest so calculated shall be payable within 30 days of the receipt of a copy of this order by the applicants. 7. The applicants are granted immunity from prosecution for offences under the Central Excise Act, 1944 and from penal liability under the Central Excise Act and the Rules made thereunder i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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