TaxTMI 
TaxTMI 
2005 (7) TMI 547
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.... 758013 (hereinafter referred to as M/s. MSPSPL/main applicant in this order); (2) Shri Suresh Kr. Agarwal, C/o MSP Steels Pvt. Ltd., Haldiaguna, PO-Goberdhan, Dist. Keonjhar, Orissa - 758013 and (3) Shri Basant Kumar Sahoo, C/o MSP Steels Pvt. Ltd, Haldiaguna, PO-Goberdhan, Dist. Keonjhar, Orissa - 758013 are disposed of. All these applications were admitted under Admission Order No. A-13/CEX/2005 - SC (KOL) dt. 30-5-2005. 2. Acting on an intelligence, on 29-7-2003, Officers of the DGCEI, EZU, Kolkata conducted simultaneous searches at the office and factory premises of the above firm. From the evidence collected by the DGCEI from seized documents and statements of concerned persons, the Show Cause Notice under F.No. DGCEI F.No. 81....
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....r, DGCEI, Kolkata which was received on 12-4-2004 it was stated as follows - (i) The assessee M/s. MSP Steel Pvt. Ltd. have totally accepted the allegations and are desirous to pay C.E. duty Rs. 4,71,362/- out of the amount of Rs. 5,00,000/- paid in advance. (ii) The only request of the party was to grant the Director Shri S.K. Agarwal and Shri B.K. Sahoo, Commercial Manager immunity from imposition of penalty and prosecution and any other action, if any. (iii) The DGCEI Officers during their search operation on 29-7-2003 recovered records containing details of unaccounted production and clandestine removal of MS Rounds. The total amount of C.E. duty involved on clandestine removal of 199.73 MT of MS Rounds worked out to Rs. 4,71,3....
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....amount of Rs. 5,00,000/- deposited during the investigation be appropriated towards the admitted duty liability of Rs. 4,71,362/- by the Commissioner of C.E., Bhubaneswar-II Commissionerate, C.R. Building, Rajaswa Vihar, Bhubaneswar-751004. It was categorically mentioned in the said Admission Order that if no communication in this regard is received within the aforesaid period from the respondent Commissioner, it would be deemed that this amount has been duly appropriated by him towards C.E. duty. 7. The Settlement Commission, having thus acquired exclusive jurisdiction in terms of Section 32I of the C.E. Act, 1944, requisitioned relevant records/documents. In reply, the Jt. Director, DGCEI, Regional Unit, Rourkela, acting on behalf....
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....ainly to survive in a competitive market but they did not collect any amount of duty from their buyers and thus did not avail any financial accommodation at the cost of Govt. Revenue. In reply to further query, he submitted that the Director of the Company sits far away from the factory and thus not being directly involved in day-to-day activity at the factory, the Director was not personally responsible for the evasion of duty. (iv) The ld. Advocate relied upon precedences and submitted that since they cooperated with the Commission and made full and true disclosure of duty liability, immunity from imposition of fine, penalty, interest be granted and a refund of Rs. 28,638/- being the difference between Rs. 5,00,000/- (depos....
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....e notice about any financial gain with reference to the quantum of C.E. duty and that there was nothing on record to show that any amount of C.E. duty had been collected but was not paid to the Government by the applicants, has been duly considered.  (c) We therefore, settle the case in terms of Section 32F of the Central Excise Act, 1944 under the following terms and conditions - Duty of Central Excise - The entire amount of deposit of Rs. 5,00,000/- stands adjusted as follows - (i) Rs. 4,71,362/- was directed to be adjusted from the deposit of 5,00,000/- under Admission Order No. A-15/CEX/2005-SC (KOL) dt. 30-5-2005 (ii) Rs. 28,638/- is lying with the resp....