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Karthikeyan. T.K Versus The Commissioner of Central Excise & Customs, Calicut and others

2015 (9) TMI 1149 - KERALA HIGH COURT

Reward for disclosure of evasion of duty - Held that:- Petitioner was an employee of the said organization and he had given certain information regarding violation of the statutory provisions, by which, according to him, the company was not paying the excise duty for certain items, which were being manufactured in the company. According to the petitioner, it is pursuant to the said information that the Excise Department had conducted enquiry and taken appropriate steps in the matter. However, pe .....

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on 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 Committee at this stage of the proceedings. - No prima facie case in favour of assessee - Decided against appellant. - WA. No. 851 of 2009 IN WP(C).33731/2006 - Date .....

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ords leading to the issuance of Ext.P20 of the 2nd respondent and Ext.P32 of the 1st respondent and issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 that Ext.P20 will not stand against the recovery of evaded excise duty admittedly to the tune of ₹ 11.03 crores with the 3rd respondent from March, 1995 to August 1999 together with the interest and penalty etc. till its final realisation and hence Ext.P20 and P32 are void and liable to be se .....

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v) 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 .....

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of the said organization and he had given certain information regarding violation of the statutory provisions, by which, according to him, the company was not paying the excise duty for certain items, which were being manufactured in the company. According to the petitioner, it is pursuant to the said information that the Excise Department had conducted enquiry and taken appropriate steps in the matter. However, petitioner was dissatisfied with the orders passed by CESTAT in so far as according .....

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is now brought to the notice 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. Accordin .....

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