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Issues: Whether the Settlement Commission was justified in rejecting the settlement application on the ground of alleged failure to make full and true disclosure and lack of cooperation, and whether the matter should be restored for reconsideration.
Analysis: An applicant before the Settlement Commission must make a full and true disclosure and cooperate with the Commission, since settlement proceedings under Chapter XIVA of the Customs Act, 1962 are not adversarial. The petitioners had accepted the duty and interest stated in the show cause notice and the report of the Commissioner of Customs, and the dispute had proceeded on the premise that the valuation issue itself was not being contested. The purchase invoice later produced before the Court had not been placed before the Settlement Commission, because the petitioners had taken the view that it was not relevant to the settlement on the terms of the notice. In these circumstances, the Court found it appropriate that the Commission should consider that invoice and decide the settlement application afresh.
Conclusion: The rejection of the settlement application was set aside and the matter was restored to the Settlement Commission for fresh consideration of the invoice and disposal of the settlement application on all issues.
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