JINDAL ARCHITECTURE LTD Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This writ petition is directed against the Order No. F-504/CE/07-SC(PB), dated 20-3-2007 passed by the Settlement Commission under Section 32F(7) of the Central Excise Act, 1944 (hereinafter referred to as "the said Act"). The petitioner manufactures claddings and railings as its final products. In respect of these final products, it uses stainless steel sheets and pipes as raw materials. The exact nature of the controversy is that the petitioner seeks adjustment of the CENVAT credit, which it had reversed on the said raw material, against the duty liability as settled by the Settlement Commission. The learned Counsel for the petitioner drew our attention to paragraph 9 of the Settlement Commission's order which reads as under:

(2.) Particular emphasis was laid by the learned Counsel on the observation of the Settlement Commission contained in the aforesaid paragraph to the following effect:

(3.) As against this observation, the learned Counsel for the petitioner drew our attention to their letter dated 28-2-2007 addressed to the Settlement Commission, wherein they had made a specific request for adjustment of the amount of Rs. 31,93,569/-. Paragraph 3 of the said letter is relevant and the same reads as under: