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2022 Supreme(Bom) 904

K.R.SHRIRAM, A.S.DOCTOR
Godrej & Boyce Mfg. Co. Ltd. – Appellant
Versus
Union of India (Through the Secretary) Ministry of Law and Justice, Department of Legal Affairs – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Arshad Hidayatullah, Senior Advocate a/w Mr. Darius Shroff, Senior Advocate, Mr. Anupam Dighe, Ms. Shailaja Kher, Mr. Makarand Joshi and Ms. Chandni Tanna i/by India Law Alliance
For the Respondent: Mr. Jitendra B. Mishra a/w Ms. Sangeeta Yadav

JUDGMENT :

1. Rule. By consent of learned counsel for parties, Rule made returnable forthwith and heard finally.

2. The present Writ Petition impugns,

    i. Five show cause notices (“impugned notices”) issued by Respondent No.3 to Petitioner; and

ii. An order dated 30th March, 2022 (“impugned order”) passed by Respondent No. 3 against Petitioner.

3. The facts briefly stated are that between the years 2008 and 2009 Respondent No. 3 issued the impugned notices to Petitioner inter alia alleging that Petitioner had contravened provisions of the Cenvat Credit Rules, 2004. The impugned notices on this premise called upon Petitioner to show cause why Central Excise Duty along with interest and penalty should not be recovered from Petitioners. The details of the impugned notices (date, period and amount demanded) are as follows, viz.

Date

Period

Amount Demanded

03.04.2008

March 03 to March 08

Rs.1,07,95,975.00

02.05.2008

April 07 to June 07

Rs.4,85,185.00

25.07.2008

July 07 to September 07

Rs.17,40,145.00

24.10.2008

October 07 to December 07

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