TMI Blog2015 (9) TMI 1149X X X X Extracts X X X X X X X X Extracts X X X X ..... m, the entire evasion has not been brought to the notice of the authorities concerned and the enquiry was not satisfactory. - Committee had gone into the claim of the petitioner and Annexure R1(a) minutes produced by the respondent authorities clearly indicates that the entire factual circumstances involved in the matter including the fact that the petitioner was the informer, who has given necessary information regarding the evasion, was taken into consideration and it was found that, as per the guidelines, it is possible for the Department to grant an ex-gratia payment and ₹ 5,00,000/- was fixed as the ex-gratia amount. Under such circumstances, we do not think that we will be justified in interfering with the said finding of the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suance of the direction in Ext.P12 and read with Ext.P13 from the amount of ₹ 1,00,00,000/- (Rupees one crore only) deposited by the 3rd respondent with the 1st respondent as also shown in Ext.P20. (iv) issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to proceed with Ext.P5 information regarding evasion of excise duty and to recover the same in full as evaded excise duty from March 1995 to August 1999 from the 3rd respondent together with interest and penalties etc. in accordance with law, till its full and final recovery and realisation from the 3rd respondent. (v) issue writ of mandamus or any other appropriate writ, order or direction to the 4th respondent (CBI) to conduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Court by the respondents that the petitioner had filed another wit petition as WP(C) No.26466/2003 in which a direction had been issued by the learned Single Judge as per judgment dated 13/1/2009 directing the Reward Committee to pass fresh orders on the basis of guidelines applicable and giving the reasons. This was based on the claim of the petitioner for the reward for bringing to the notice of the Excise Department regarding the alleged evasion. According to the petitioner, he was entitled to the reward in terms of the guidelines. 5. Respondent department in the counter affidavit filed in this writ appeal had produced the minutes of the Reward Committee made in respect of the informer, the appellant herein, in the meeting hel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
