(1.) Rule made returnable forthwith and heard finally with consent of learned advocates for the parties.
(2.) The petitioners assail order dated 16-2-2015 passed by Respondent No. 2 thereby negativing application filed by petitioners. The Settlement Commissioner passed order invoking its power under Sec. 32F(5) of the Central Excise Act, 1944 (for short "Excise Act").
(3.) Show cause notice came to be issued to the petitioners alleging that the petitioners had cleared the finished goods from the factory with cover of statutory invoice and without payment of duty so also that the petitioners had failed to maintain proper accounts of finished goods manufactured and cleared from its factory premises thereby proposing demand of central excise duty of Rs. 1,28,01,529.00 (Rupees One Crores Twenty Eight Lakhs One Thousand Five Hundred Twenty Nine). The jaggery is seized from warehouse. The petitioners had filed settlement application under Sec. 32E of the Excise Act. Pursuant thereto, impugned order is passed.