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2007 Supreme(P&H) 1891

M.M.KUMAR, AJAY K.MITTAL
Com Of C. Ex. , Delhi-iii, Gurgaon – Appellant
Versus
Carrier Aircon Ltd. – Respondent


Judgment

M.M.Kumar, J.

1. This petition filed under Article 226 of the Constitution prays for partial quashing of order dated 8-2-2005 (Annexure P.3) passed by the Custom and Central Excise Settlement Commission- respondent no. 2 (for brevity #24;the Settlement Commission#25;) granting immunity to the assessee-respondent no. 1 from payment of interest amounting to Rs. 7,16,775/-. Further prayer has been made for setting aside order dated 22-6- 2005 (Annexure P.5). dismissing the miscellaneous application seeking rectification of the order dated 8-2-2005.

2. Brief facts may first be noticed. The assesee-respondent no.1 is engaged in the manufacturing of Air Handling Units, Chillers and parts thereof falling under tariff heading 84 (84.15) of the 1st schedule to the Central Excise Tariff Act, 1985 (for brevity #24;the 1985 Act#25;) and is also registered with the Central Excise Department. It has been availing modvat/cenvat credit on various inputs and discharging the obligation of Excise duty on the final products cleared from the factory. On 11-2-2003, the officers of the Director General Central Excise Intelligence visited the factory premises of the assessee- respondent no. 1 and













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