2001 (3) TMI 973

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....apasi & M/s. Safe Sure Enterprises, Mumbai, under Section 32E of Central Excise Act, 1944. Brief Facts of the Case :- 2. M/s. R.B. Commercial Corporation, Malad, Mumbai - 400 064, are registered under the Central Excise Act for the manufacture of HRC fuses, holders in their own brand name "RBCO" & pullers without any brand name falling under Chapter 85 of CETA'85 and have office at Lohar Chawl, Mumbai - 400 002. Pursuant to an intelligence received by the Assistant Commissioner (P), the officers from Preventive Section of Central Excise, Mumbai-V Commissionerate, searched the factory and office premises of the above firm on 10-2-2000. It was found that 55 numbers of pullers valued at Rs. 2750/- were lying in the factory premises with....

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....emises of M/s. Safe Sure Enterprises), and imposition of personal penalty under Rule 209A on M/s. Safe Sure Enterprises & Shri Manish G. Kapasi. 3. The assessee has filed application for settlement in the prescribed form on 10-7-2000 admitting the entire duty liability of Rs. 3,91,308/- demanded in the notice. The applicant has requested that the said amount be adjusted against the deposit of Rs. 5 lakhs made. Further, he has requested that provisions of bonds executed may not be enforced and securities furnished may not be appropriated. Immunity has also been sought, from imposition of penalty under Central excise Act & rules on the assessee & the co-noticees, and from imposition of interest under Section 11AB and immunity from prose....

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....ough a trading concern M/s. Safe Sure Enterprises having a distinct independent identity of its own. The said trading firm M/s. Safe Sure Enterprises was, in turn selling the goods & raising sales invoices for the same. The applicant M/s. R.B. Commercial Corporation has admitted his duty liability but sought the benefit of cum-duty price by placing reliance on the CEGAT judgment in the case of M/s. Sri Chakra Tyres Ltd. It is pertinent to note that the said judgment involves an assessee claiming the benefit of cum-duty price on the goods which have been cleared and sold from his factory to a customer. The facts of this case are different inasmuch as the goods have been sold by the trading firm M/s. Safe Sure Enterprises and who have raised ....

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....sion with full disclosure and cooperated with the Commission in the settlement of the disputed amount, we grant waiver of interest under Section 11AB, and also grant waiver of the penalty otherwise liable under Section 11AC of the CEA'44/Rule 173Q of CER'44, with reference to this case. The applicant is also granted the immunity from prosecution so far it relates to this case under the provisions of the CEA'44. The co-noticees Shri Manish G. Kapasi and M/s. Safe Sure Enterprises (Shri Manish G. Kapasi, through power-of-attorney granted on 11-2-1998 by Shri Gajendra Kapasi) are also granted immunity from imposition of any penalty under Rule 209A of the CER'44. Since the settlement amount of Rs. 3,91,308/- has already been adjusted out of the....