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Form of application Settlement Commission - Form of application for settlement of a case under section 32E
August, 07th 2013
                                        Form No. SC (E)-1
[See rule 3 of the Central Excise (Settlement of Cases) Rules, 2007]

                 Before the Customs and Central Excise Settlement Commission
                              ____________ Bench at __________

                 Form of application for settlement of a case under section 32E

    1.   Full name of the applicant:


    2.   (i)        Postal address of the applicant
         (ii)       E- mail address of the applicant, if any


    3.   (i)     Address for communication:
         (ii)    Telephone No.


    4.   (i)         Permanent Account No:
         (ii)       Central Excise registration No:
         (iii)      Status: (See note 2)


    5.   (i) Commissioner of Central Excise having jurisdiction over the applicant:
         (ii) Postal address of the Commissioner of Central Excise having jurisdiction over
         the applicant:

    6.   Details of Show Cause Notice issued to the applicant
         (a) Show Cause Notice No and date
         (b) Period of dispute in the notice
         (c) Duty demanded in the notice ( in Rs. )
         (d) Dispute in connection with which the application for settlement is made.
         (e) Adjudicating authority before whom the notice is pending adjudication.






    7.   (i)       Whether monthly returns showing production, clearance and central
         excise duty paid were filed for the period of dispute:
         (ii)     Whether the disputed goods were entered in the daily stock register. If
         so, details thereof.
          Note: Self-attested copies of relevant monthly returns and the daily stock
         account/register to be enclosed.

    8.   Date of seizure, if any.


    9.   Brief facts of the case and particulars of the issues to be settled:


    10. (a)             Amount of duty accepted as payable for settlement (in Rs)
        (b)             Interest on the said admitted duty (in Rs.)


    11. Payment details of the duty accepted, by the applicant along with interest as at
        (10) above (TR-6 challan No and date)
     12. Whether any application for settlement has been filed by the applicant before any
                                                            st
         Bench of Settlement Commission on or before 31 May , 2007, if so, details
         thereof :
         (a)       Application no and date
         (b)       Amount admitted for settlement
         (c)       Details of final order of the Commission
         (d)       Whether settlement amount has been paid in terms of the order


     13. Whether any application for settlement (other than the present one) has been filed
                                                                                  st
         by the applicant before any Bench of Settlement Commission on or after 1 June ,
         2007. If yes, the following information may be provided :
         (a)       Application No. and date
         (b)       Show cause notice No. and date
         (c)       Amount of admitted duty
         (d)       Issue involved
         (e)       Status of the application, if decided, then
         (i) Settlement order No. and date
         (ii) Details of deposit of settlement amount

                                                                              st
     14. If any other application, filed by the applicant, on or after 1 June , 2007, is
         pending before the Settlement Commission, then whether the present application
         for settlement involves issue identical to the issue in respect of which the other
         application is pending before the Settlement Commission as on date.




Signature of the applicant

Verification

I.................son/daughter/wife of ...................... residing at................ do solemnly declare
that I am making this application in my capacity as.............and I am competent to verify it.

That the contents of this application are true and that I have not filed any application for
settlement in contravention of the provisions of the Chapter V of the Central Excise Act 1944
before the Settlement Commission and also that no information relevant to the facts of the case
has been suppressed. Annexures of the documents accompanying the application are true
copies of the originals and the tables showing financial transaction are correct and are duly
attested by me.




That no proceeding in respect of the case for which settlement is being sought, is pending before
Commissioner (Appeal), Customs, Excise and Service Tax Appellate Tribunal or the courts, as
the case may be, or has been remanded back to the adjudicating authority by the said appellate
authorities.

Verified today the...........day of..........(mention the month and year) at .........(mention the
place)

Deponent

Note:

   1. The application fee should be credited in a branch of the authorized bank or a branch of
the State Bank of India or a branch of Reserve Bank of India and the triplicate copy of the challan
sent to the Settlement Commission with the application. The Settlement Commission will not
accept cheques, drafts, hundies or other negotiable instruments.

   2. Please state whether individual, Hindu undivided family, company, firm, an association of
persons, etc.

3.    Details of the additional amount of Central Excise duty accepted as payable and interest
thereon referred to in item 10 of the application shall be furnished in annexure to this application.
4.    Original copy of the of the TR-6 challan indicating amount of duty accepted as payable for
settlement and interest thereon referred to in item 10 be retained by the applicant, duplicate be
endorsed to Central Excise Officer having jurisdiction over the applicant, triplicate be endorsed to
the jurisdictional Chief Accounts Officer of the Central Excise Commissionerate, quadruplicate be
retained by the bank and quintuplicate copy be enclosed with this application form.


                                                Annexure

 Statement containing particulars, referred to in item 9 of the application made under section
32E(1).

1.    Details of information which has not been correctly declared in the monthly return;
2.    Duty liability accepted out of the total duty demanded in the show cause notice issued and
the manner in which such duty liability has been derived;
3.    Full and true disclosure of the facts regarding the issues to be settled including the terms of
settlement sought for by the applicant.
                                                                            Signature of the applicant
                                                                                                Place
                                                                                               Date:
 
 
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