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HARISH TANDON
Venky Hi-Tech Ispat Ltd – Appellant
Versus
Customs and Central Excise Settlement Commission – Respondent


Advocates Appeared:
For the Petitioners:Sohail Haque and A.K. Upadhaya, Advocates.
For the Respondents:R.N. Das, Senior Advocate, K.K. Maity and R. Bharadwaj, Advocates.
For the Respondent No. 2:Subir Kumar Saha, Advocate.

JUDGMENT :

Harish Tandon, J.

The point involved in the writ petition assumes significance on the interpretation of the various provisions contained in Chapter V of the Central Excise Act pertaining to the Settlement Commission.

2. The incorporation of the said Chapter was perceived for rampant colossal evasion of duties and/or tax effecting the health and wealth of the nation. The Wanchoo Committee was appointed to opine and make recommendations against those evils. In acceptance of the partial recommendations, the provision of Settlement Commission was introduced and Chapter 19A was brought in the Income Tax Act, 1961 containing the provisions for Settlement Commission. Subsequently the Chapter V was inserted in Central Excise Act by Section 110 of the Finance Act, 1998, which was suitably amended from time to time. With an intention to make it more workable and for speedy recovery of the revenue rather than from the cumbersome provision of the recovery proceedings, the object and purpose of the Settlement Commission can be culled out from Section 32E of the said Act where an assessee may make an application for settlement before adjudication upon making true and full disclosure of h

































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