SWAM MILLS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are a composite Textile Mill engaged in manufacture of cotton yarn, man-made yarn, cotton fabrics and man-made fabrics as well as the processing amongst other activities. For the period from October, 1994 to February, 1997, the petitioners were served with 14 Show Cause Notices for recovery of differential duty of approximately Rs. 50 lakhs. The said show cause notices were adjudicated by the assistant Commissioner of Central Excise, Mumbai-II vide order-in-original No. 781/398/97 to 794/411/97 dated 12th november, 1997, confirming the demands covered thereunder along with interest. The Assistant commissioner of Central Excise also imposed penalty of rs. 5,000/ -. There being incorrect computation, he directed the Range Superintendent to verify figures and work out the fresh demand. The Range Superintendent re-worked the duty amount of Rs. 9,40,753/- and issued a demand notice on 18th May, 1998 requiring the petitioners to pay the said amount along with penalty of rs. 5,000/ -.

(2.) DISSATISFIED with the order-in-original dated 12th november, 1997 passed by the Assistant Commissioner of central Excise and the order of Range Superintendent dated 18th May, 1998, the petitioners preferred appeal before the Commissioner of Central Excise (Appeals) on 2nd September, 1998 along with stay application. The commissioner of Central Excise (Appeals) vide order dated 28th December, 1998 asked the petitioners to deposit the entire amount of duty and penalty within four weeks from the date of the order.

(3.) FINANCE (No. 2) Act, 1998, came out with Scheme known as "kar Vivad Samadhan Scheme, 1998" (for short, 'kvss' ). The said scheme provided for settling the tax arrear by paying 50% of the disputed tax arrear. Under the KVSS, the Commissioner of Central Excise is said to have been appointed as Designated Authority. The scheme was operative from 1st September, 1998 to 31st January, 1999. The petitioners filed declaration under Section 89 of the Finance Act, 1998 before the Commissioner of central Excise on 31st December, 1998.