2015 (9) TMI 1140

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..... final hearing of this application concluded on 8th January,2015. After the conclusion of such final hearing, the Settlement Commission, and prior to passing of the impugned order dated 18th February,2015, took on record the submissions from the Revenue in regard to the worksheet. The Commission has heavily relied on this worksheet and comments of the Revenue on the same. The worksheet was not specifically rejected by the department and the comments of the revenue thereon after having been noted, the Commission proceeded and held that though the worksheet is supplied the actual value of the past consignments have been stated and reflected therein only from the memory of the applicant petitioner and it is not supported by any documentary evid .....

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..... cepting the adjudication by the Commission in so far as the amount of interest and fine. The petitioner has also derived benefit from this order in the form of immunity from payment of fine in excess of Rs. 2,00,000/­. In the circumstances, the Writ Petition should not be entertained and on disputed question of fact. Further, it is submitted that the petitioner cannot now set the clock back and without demonstrating any prejudice on account of alleged breach of principles of natural justice by the Commission. 4. After hearing both sides and perusing the Writ Petition, we find that the Revenue as also the Commission was keen on maintaining the Show Cause Notice and with some variations. However, the Commission observed that though the b .....

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..... as to adjudicate the show cause notice in accordance with law. 6. We have clarified to Mr. Kantawala that the petitioner cannot derive any advantage or benefit from the Commission's Order. Mr. Kantawala, on instructions, states that the petitioner is agreeable to such a course. Further, the petitioner is also agreeable to the Revenue retaining a sum of Rs. 17,61,172/­ towards duty but without prejudice to the rights and contentions of both sides. 7. In the circumstances, we set aside not only the order passed by the Settlement Commission, but we also declare that the Settlement proceedings initiated by the Commission are of no legal effect from inception. Let the show cause notice be adjudicated in accordance with law by the Reve .....

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