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of <h1>High Court overturns Settlement Commission's decision, highlighting transparency and access to information in Central Excise Act cases.</h1> <h3>M/s. Lakhani Steel Industries Versus The Commissioner of Central Excise And Another</h3> M/s. Lakhani Steel Industries Versus The Commissioner of Central Excise And Another - 2015 (319) E.L.T. 58 (A. P.) Issues:- Challenge to refusal of relief by Settlement Commission- Non-furnishing of report by Commissioner to petitionerChallenge to refusal of relief by Settlement Commission:The petitioner, engaged in steel re-rolling, received a show cause notice from respondent No.1 regarding the procurement of mild steel from third parties and the consequent excise duty payable. The petitioner admitted liability for a portion of the amount and sought relief from the Settlement Commission under the Central Excise Act, 1944. However, the Commission, after considering a report from the Commissioner (Investigation), refused to grant any relief and directed the petitioner to avail remedies under the Act. The petitioner contended that the show cause notice was baseless, and despite offering to pay a significant sum, relief was denied without providing an opportunity to explain the facts in the report. The respondent argued that the Commission has discretion in granting relief and the report was for guidance purposes only, not requiring disclosure to the petitioner.Non-furnishing of report by Commissioner to petitioner:The High Court emphasized the role of the Settlement Commission in providing finality to proceedings involving substantial stakes, aiming for conciliation between manufacturers and revenue interests. The Commission's power to refuse relief is contingent on the manufacturer's cooperation, which may include information disclosure. In this case, the Commission concluded that the petitioner lacked cooperation by not comparing details in the application with the Commissioner's report. The Court found fault with the Commission for not providing the report to the petitioner, which hindered the petitioner's ability to respond adequately. Stressing the petitioner's immediate interest in the report's contents, the Court held that denial of access to such crucial information was a serious flaw in the Commission's decision-making process. Consequently, the Court allowed the writ petition, set aside the Commission's order, and remanded the matter for fresh disposal after furnishing a copy of the report to the petitioner, with no costs imposed.
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