SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Cal) 603

MD. NIZAMUDDIN
Haldia Petrochemicals Limited – Appellant
Versus
Assistant Commissioner, Cgst & Cx, Haldia-ii Division, Haldia Commissionerate – Respondent


Advocates appeared:
Mr. J. P. Khaitan, Sr. Adv, Mr. Agnibesh Sengupta, Adv, Mr. Ajay Gaggar, Adv, Mr. Hiranyak Gangopadhyay, Adv, for the Appellant; Mr. Bhaskar Prosad Banerjee, Adv, Mr. Tapan Bhanja, Adv, Mr. Raj Kr. Sain, Adv, for the Respondent

JUDGMENT

Md. Nizamuddin, J. - Heard learned Advocates appearing for the parties.

2. The main legal issues involved in this Writ Petition are as to whether the respondent Central Excise Authority can recover demand relating to central excise duty, interest and penalty without service of adjudication order dated 17th October, 2012 and without establishing from any material documents about actual proof of any service of the said adjudication order upon the petitioner in compliance of the statutory formalities required under Section 37C of the Central Excise Act, 1944. It is the specific case of the petitioner that it never received the aforesaid adjudication order on the basis of which the impugned demand arises and further raises the issue as to whether the respondent CGST authority can recover amount in excess of the statutory amount which is required to be deposited in filing Appeal against the adjudication order in question and the demand arises out of the same in terms of CBDT circulars dated 29th February, 2016 and 31st July, 2017 if the petitioner has filed any appeal against the said adjudication order by making statutory deposit.

3. It is the case of the petitioner that a show-c

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top