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2021 Supreme(Guj) 152

SONIA GOKANI, SANGEETA K.VISHEN
MSN Enterprises – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PARESH M DAVE
For the Respondent: MR DEVANG VYAS

ORDER :

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. With the consent of the learned advocates for the respective parties, the matter is taken up for final disposal.

2. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the Order-in-Appeal No.OCESA-SRT (APPEALS)/PS- 636/2019-20 dated 27.2.2020 with a further direction to the respondents to forthwith return and restitute Rs.50,00,000/- deposited by the petitioner with the department.

3. Brief facts, as can be culled out from the memo of the writ petition, are as under:-

3.1 The petitioner, has been a concern solely controlled and operated by Ved Prakash Wadhwani, a citizen of India. The petitioner, at the relevant point of time, was having a factory at Udaipur in the State of Rajasthan, where parts and components of wrist watches and clocks were being manufactured. The petitioner was registered with Central Excise Authorities at Udaipur. According to the petitioner, it was manufacturing the above-referred goods and removing them on payment of appropriate excise duties leviable thereon in accordance with the provisions of the Central Excise Act, 1944 (here

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