- (1.) This petition challenges order passed by the Customs and Central Excise Settlement Commission, New Delhi, rejecting application of the petitioner under Section 32E of the Central Excise Act, 1944 (for short, 'the Act') in respect of show cause notice dated 4-3-2004, Annexure P.2.
(2.) In the show cause notice, Annexure P.2, it has been alleged that on 4-10-2003, Preventive Staff visited the factory premises of the assessee and found that the assessee was taking Cenvat credit on Pig Iron, though no infrastructure for casting iron was available in the factory. The representative of the assessee in a statement stated that electric fans under brand name "LEC Concorde" were being supplied to the railways. It was admitted by Shri Ravi Bartarya, partner of the assessee that they were selling Pig Iron in the open market and were not getting any job work done. It was also found that the noticee illegally availed of Cenvat credit on Copper wire. Certain other violations were also mentioned in the notice.
(3.) The assessee filed a petition under Section 32E of the Act before the Commission, wherein certain violations were admitted. The commission found that the petitioner was not candid and forthright and disclosure of the liability was not full and true, which was the condition precedent for entertaining an application filed by the petitioner. It was noticed that though, the petitioner took the stand that casting was done on job work basis but failed to furnish names of the job workers. The Commission found that the petitioner was taking varying and conflicting stands.;