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TMI Blog2011 (7) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... settled by the Commission on 30.09.2005, wherein, the duty was confirmed. Though the benefit of immunity from penalty and prosecution was granted, the interest was levied at the rate of 10% per annum. The petitioner was aggrieved by the order with regard to charging of simple interest at the rate of 10% per annum and filed a Writ Petition in W.P.No.7405 of 2006. By order dated 04.01.2011, this Court set-aside the order and remanded the matter to the Settlement Commission to pass appropriate orders regarding waiver of the interest, based on the reasons given by the petitioner. On remand, the matter was again heard and the rate of interest was reduced from 10% p.a. to 9% p.a. Therefore, the petitioner is before this Court, challenging the lev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arath High Court in Gujarat Cypromet Ltd. reported in 2010 (254) E.L.T.455, and submitted that the order has to be read as a whole and part of the order cannot be challenged before the Court. 4. Heard the parties and perused the record. 5. There is a finding of fact recorded by the Commission in para 9.2 of the impugned order, which reads as follows:- "9.2. ....It will appear from the above provision that Settlement Commission can grant the immunity from interest, only if it is satisfied that the applicant has fulfilled following requirements: (i)Co-operated with the Settlement Commission in the proceedings before it and (ii)Has mad a full and true disclosure of his duty liability. In the inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment of interest. The Legislature/Parliament would not have perceived the eventuality like Tsunami and the ban of tobacco by the State Government. When those grounds pleaded by the petitioner are material, they should be considered by the Settlement Commission properly while deciding the immunity regarding the payment of interest. Therefore, the reasoning given by the Settlement Commission for denying the immunity from interest is erroneous and the same is liable to be set-aside. 6.The Judgment relied upon by the learned counsel for the respondents, does not help the respondents in any way. The Division Bench Judgment of the Gujarath High Court in Gujarat Cypromet Ltd. reported in 2010 (254) E.L.T.455 is concerned, that the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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