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    <title>2003 (9) TMI 656 - SETTLEMENT COMMISSION, CUSTOMS &amp; CENTRAL EXCISE, N</title>
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    <description>For settlement under Section 32E of the Central Excise Act, the disclosure must cover the duty liability that ought to have been paid at the time of clandestine removal, not a later rate applied when duty was eventually paid. The provision requires full and true disclosure of the concealed duty liability, and disclosure of only the clearance value or quantity is insufficient. Where the undervaluation demand was dropped in adjudication and the Department did not appeal or file cross-objections, that limb attained finality and could not be revived in settlement proceedings. The settlement therefore proceeded on the clandestine removal duty liability, with immunity from penalty and prosecution and no interest payable for the relevant period.</description>
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    <pubDate>Wed, 03 Sep 2003 00:00:00 +0530</pubDate>
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      <title>2003 (9) TMI 656 - SETTLEMENT COMMISSION, CUSTOMS &amp; CENTRAL EXCISE, N</title>
      <link>https://www.taxtmi.com/caselaws?id=113676</link>
      <description>For settlement under Section 32E of the Central Excise Act, the disclosure must cover the duty liability that ought to have been paid at the time of clandestine removal, not a later rate applied when duty was eventually paid. The provision requires full and true disclosure of the concealed duty liability, and disclosure of only the clearance value or quantity is insufficient. Where the undervaluation demand was dropped in adjudication and the Department did not appeal or file cross-objections, that limb attained finality and could not be revived in settlement proceedings. The settlement therefore proceeded on the clandestine removal duty liability, with immunity from penalty and prosecution and no interest payable for the relevant period.</description>
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      <pubDate>Wed, 03 Sep 2003 00:00:00 +0530</pubDate>
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