2003 (4) TMI 425

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....of the Central Excise Act for the settlement of the dispute arising out of the Show Cause Notice dated 26th February, 2001. 2. Brief facts of the case are that the Central Excise officers searched and seized certain documents from the applicants. Statement of Shri P.K. Gulati was also recorded. On the basis of seized record and statements recorded, it has been, inter alia, alleged as below :- "(i)     RCBL have cleared 695.93 MT of finished grade of carbon black in guise of "Off Grade" at a suppressed assessable value of Rs. 10,000/- to Rs. 11,000/- per MT from 7-5-97 to 27-8-99 and thereby evaded excise duty of Rs. 21,64,552/-. (ii)      RCBL have cleared fresh carbon black, in guise of ....

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.... found short during stock taking on 29-8-2000 comes to Rs. 4,850/-. Total Cenvat credit recoverable from RCBL on 116.652 MT inputs namely Carbon Black Feed Stock Blend II found short during stock taking on 29-8-2000 works out to Rs. 1,46,948." 3. Para 21 of the said Show Cause Notice reads as below :- "Now therefore M/s. Ralson Carbon Black Ltd. are hereby required to show cause to the Commissioner of Central Excise (Adjudication), Central Revenue Building, IP Estate, New Delhi - 110001 as to why :- (i)       an amount of Rs. 32,86,810/- being the central excise duty evaded by them, as detailed in Annexures I to VI, should not be demanded and recovered from them under proviso (1) to section 11A of the s....

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.... be paid within 30 days of the receipt of the said order. The Commissioner has confirmed that the applicant has paid the admitted duty liability of Rs. 10,23,046/- vide challan dated 18th February, 2003. 5. The case was heard on 28-4-2003. The ld. Advocate of the applicant submitted that the applicants had admitted the whole of duty payable by them as referred to in the Show Cause Notice except to the extent agreed upon by Revenue even at the time of passing the admission order. Since, the Revenue is not disputing any further liability the case may be settled on the basis of admitted liability of duty of excise. 6. The applicant had relied upon the case of Rolcon Ceramic Company [Reported in 2002 (143) E.L.T. 460 Settlement Comm....