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Division Bench of High Court restored the demand
Division Bench of High Court restored the demand
A show cause notice was issued to Ankit Metal and Power Ltd and others. Settlement Commission imposed penalty for evasion of duty. Respondents filed applications for settlement u/s 32E admitting removal of finished goods without payment of duty and deposited a sum of Rs.15 lakhs in advance. High Court set aside the demand. CCE apealed to the Division Bench which set aside the Single Bench’s order.-900161
- A show cause notice was issued to the respondent.
- The Commission imposed penalty for evasion of duty.
- It filed applications for settlement u/s 32E admitting removal of finished goods without payment of duty and deposited a sum of Rs.15 lakhs in advance
On appeal, the Division Bench of the High Court held as under:
4. Therefore, as and when the Commission took up the application for settlement for hearing, no "earlier application" on the "identical" issue was "pending" before it.
5. Hence, the section 32-O(2) since deleted, does not come to the aid of the respondents herein, that is the writ petitioners.
6. Therefore, for the reason as aforesaid, the judgment and order dated 26th August, 2014 cannot be sustained and is thus set aside and quashed.
Case Reference - Commissionerate vs Ankit Metal & Power Ltd. & Ors
Calcutta High Court
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