- (1.) M/s. Vinay Wire & Poly Product Pvt. Ltd. and its Director have filed this petition for quashing the order dated 31 January 2014 passed by the Settlement Commission under section 32-E of the Central Excise Act, 1944. The Settlement Commission has concluded that it would not be possible for it to settle the dispute and has, accordingly, sent the matter back to the adjudicating authority.
(2.) The petitioner is a manufacturer of Plain Poly Films, Cast Poly Propylene Film and Flexible Laminated Rolls. It has two Units. In Unit No.1, Plain Poly Film is produced and in Unit No.2, Cast Poly Film is produced. Both the Units are registered with the Central Excise Department. Acting on intelligence information that the petitioners were engaged in unaccounted purchases of raw materials, unaccounted production of finished goods, clandestine removal of finished products and evasion of Central Excise duty leviable thereon, the officers of the Director General, Central Excise Intelligence, New Delhi (DGCEI) simultaneously searched the factory and other related premises of the petitioner-firm as also the business premises of the buyers on 30 June 2009 and on subsequent dates. On the basis of the parallel invoices recovered from Unit-I; shortages detected in the stocks of finished goods and raw materials kept in both the Units; records recovered from the residential and office premises of Siddharth Dixit; and the documents recovered from M/s. Anand Sales, Kanpur, the department quantified the total duty evaded by both the Units during the period August 2006 to June 2009 as under:- JUDGEMENT_320_LAWS(ALL)5_2014_1.html
(3.) During the course of the search, the petitioner deposited Rs.30 lacs under protest towards the duty liability.;