2006 (7) TMI 540

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....partnership firm of Shri K.V.P. Sadayandi, and his son, S. Pothyraj, as partners, who are co-applicants in this case. The applicant filed an application, dated 27-1-2006, for settlement of proceedings initiated in Show Cause Notice, C.No.V/15/62/45/2005, dated 26-8-2005, issued by the Additional Commissioner, Central Excise, Chennai IV Comissionerate, demanding a duty of Rs. 25,08,302/-, on the alleged clandestine removals of readymade garments, viz., shirts, trousers etc. The applicant maintained two sets of invoices; one for Central Excise purpose and under the cover of other set of invoices, unaccounted clearances were resorted to. Apart from duty demand for the period 7/2002 to 3/2003, the Show Cause Notice also proposes to recover inte....

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....f the revenue stated that necessary payments have been made in this case and as regards immunities sought for, she left it to the discretion of the Bench. 5. The Bench has heard both sides. The Bench observes that the applicant is only contesting the calculation mistake committed by the department and the method adopted by the revenue to arrive at the average value. While the department has adopted Rs. 240/- as average value of each garment by taking average of highest and lowest value without considering the number of pieces sold, the applicants have calculated the average price of Rs. 210/- by taking total number of garments sold and total net value realised which is more scientific than the method adopted by the department. The r....

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....01-CE. 7. The Bench however observes that the applicant has fully co-operated with the proceedings before the Commission and are thus entitled for various immunities having paid Rs. 15 lakhs at the investigation stage. 8. Accordingly, taking into account the above facts, the applications are settled in terms of Sec. 32F(7) of the Central Excise Act, 1944 on the following terms and conditions:- (i)      The duty liability on is settled at Rs. 20,11,438/- Since this stands paid by the applicant, no further duty is payable by them. (ii)    Immunity is granted from interest, in excess of Simple Interest 10% p.a. Revenue should calculate the interest payable and intimate the applicant....