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M/s JSW Steel Ltd. Rep By Its Authorised Signatory Versus Commissioner of Central Excise

2015 (9) TMI 572 - MADRAS HIGH COURT

Duty demand - suppression of facts - duty evasion - Held that:- Pointing out certain lapses and contraventions of the provisions of the Act and Rules, related to the actual production of finished goods, the respondent alleged suppression and duty evasion. Since the respondent has taken the ground of suppression, etc., it is appropriate for this court to direct the petitioner to file necessary objections to the show cause notice impugned herein. Hence, the petitioner company is directed to file t .....

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pondent : Mr V Sundareswaran, Standing Counsel ORDER Heard Mr. Satish Parasaran, learned counsel for the petitioner and Mr. V. Sundareswaran, learned Standing Counsel for the respondent. 2. This writ petition has been filed challenging the impugned Show Cause Notice dated 6.5.2014 issued by the respondent as well as the consequent Statement of Demand dated 1.5.2015 and quash the same as arbitrary, illegal and without jurisdiction. 3.1 The petitioner company is a Public Limited Company and regist .....

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for Excellence' for the year 2012-13. One of the petitioner's manufacturing units is located in Salem, Tamil Nadu, which had undertaken modernization and substantial expansion efforts starting from 2005-06, when the plant was taken over by the petitioner company. Many changes were effected to the plant with respect to capacity, technology, market and many other factors. Through the said measures, the capacity of the steel plant was expanded from 0.3 Million Tonnes per annum to 1 MTPA ove .....

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er's factory is producing goods in quantities below the required mark. The said notice also proceeded to require the petitioner to furnish details in respect of the quantity of raw material purchased and used, and goods produced as well as the month-wise electricity consumption particulars. 3.3. In response to the said notice, the petitioner company submitted a reply dated 11.02.2014, furnishing the details of raw materials and electricity consumption sought by the respondent department. The .....

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