Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the writ appeal filed by the Revenue could succeed against the Settlement Commission's order in view of the statutory finality attached to such orders under the Customs Act, 1962.
Analysis: The order of settlement was made after both sides had an opportunity to place their cases before the Settlement Commission. The statutory scheme of Chapter XIV-A of the Customs Act, 1962 gives the settlement mechanism finality and conclusiveness, and Section 127J of the Customs Act, 1962 bars reopening of matters covered by such order in any proceeding under the Act or any other law. In the absence of any allegation of fraud or any demonstrated infirmity in the Commission's order, the writ court would not ordinarily interfere with a reasoned settlement order.
Conclusion: The challenge to the Settlement Commission's order was not maintainable on merits, and the appeal failed.
Final Conclusion: The settlement order remained undisturbed, and the Revenue's writ appeal was dismissed.
Ratio Decidendi: An order of the Settlement Commission under Chapter XIV-A of the Customs Act, 1962 attains finality and cannot be reopened or indirectly disturbed in writ proceedings absent fraud or other vitiating infirmity.