RITAM STEEL PVT LTD Vs. UOI & ORS

JUDGEMENT

(1.) The petitioner's grievance is that its Settlement Application under Section 32E of the Central Excise Act, 1944 was rejected. Pursuant to search, and subsequent investigation, a Show Cause Notice was issued to the petitioner alleging that it was involved in the clandestine removal and suppression of true quantity and under valuation of the goods. Thereupon, the petitioner applied to the Settlement Commission. In its application, it claimed that its duty liability was Rs.32,39,687/-. The amount demanded, however, was Rs.80,52,971/-.

(2.) The Settlement Commission initially issued notice under Section 32E(1) in the preliminary hearing and admitted the application for hearing. At that stage, the Commission's order (as communicated to the petitioner on 16.04.2015) was as follows:-

(3.) Thereafter, considering the submissions of the parties and the material on record, it rejected the Settlement Application. The rationale for rejection of the Settlement Application inter alia given by the Commission is as follows:-