PETROSLOV INDIA CO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The 2nd petitioner herein is a partner of the 1st petitioner-Company. The petitioners have filed the present Petition to challenge the order dated 13th July 2006 passed by the Settlement Commission rejecting their Application dated 20th July 2006 filed under Section 127B of the Customs Act, 1962 read with Section 32E of the Central Excise Act, 1944.

(3.) The allegation against the petitioners is that they have effected fraudulent export. The goods concerned were seized on 30th November 2005 and thereafter this Application was filed before the Settlement Commission on 28.4.2006. The Settlement Commission has rejected the Application mainly on the ground that it is premature which can be clearly seen from paragraph 4.6 of the impugned order. The Commission has observed in paragraph 6 thereof that the Applicants are free to make fresh applications, if they so desire on receiving a Show Cause Notice issued by the Revenue indicating the amount of additional duty levied under the Customs Act, 1962 as well as the Central Excise Act, 1944.