ANKIT METAL AND POWER LTD. Vs. SETTLEMENT COMMISSION

JUDGEMENT

(1.) The Court: It appears that the Settlement Commission in its order dated 28th March, 2014 has not made a correct interpretation of Sec. 32 -O(i) of the Central Excise Act, which is reproduced below:

(2.) But it failed to appreciate that this did not prevent Ankit Metal & Power Limited from approaching the Settlement Commission in a second case unless the penalty was inflicted on them, on their making a Sec. 32E application for settlement and that the ground of imposition of that penalty was concealment of particulars of duty liability.

(3.) Sec. 32E enacts in very clear terms that an assessee may in a case relating to him make an application after issuance of the show cause notice but before adjudication, to the Settlement Commission to have the case settled. Such application has to be in a prescribed form with full and true disclosure of the applicant's duty liability which has not been disclosed before the Central Excise Officer having jurisdiction.