ICON INDUSTRIES Vs. UOI

JUDGEMENT

(1.) BEING dissatisfied with the order dated 9th March, 2006 passed by the Settlement Commission in Settlement Application No.1133/2006, the petitioner has preferred this writ petition under Articles 226 and 227 of the Constitution of India for quashment of the same.

(2.) THE facts which are requisite to be stated are that the petitioner M/s. Icon Industries (Unit-I & II) filed a the settlement application in respect of the proceedings initiated vide SCN C.No.IV (Hqrs. Prev.) 15/5/03/2598 dated 8th April, 2005 issued by the Commissioner, Central Excise, Delhi-I. THE Settlement Commission adverted to the various facts and submissions put forth and eventually came to hold that the search was conducted on 7th February, 2003 and thereafter units of the petitioner were registered on 18th February, 2003. After that, consolidated return was filed with the Department. It was contended before the Commission that after the search, a sum of Rs.50 lacs was deposited with the Department towards duty and, therefore, the petitioner is entitled to get the benefit of approaching the Settlement Commission.

(3.) LEARNED counsel has invited out attention to paragraph 11(b) of the decision, which reads as follows:-