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Vadilal Gases Ltd. Versus Union Of India

2015 (10) TMI 1922 - GUJARAT HIGH COURT

Valuation - related person - Short payment of duty - revenue neutral exercise since the recipient is able to avail Cenvat Credit - Held that:- present case are similar to the facts of the assessee’s own case in [2015 (10) TMI 1845 - GUJARAT HIGH COUR .....

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l without approaching the Appellate Commissioner. - It is an admitted position that except for the above fact, all facts in both the petitions are identical. Under the circumstances, it is not necessary to reproduce the facts and contentions in detai .....

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cate JUDGMENT PER : MS. HARSHA DEVANI 1. Rule. Mr. R. J. Oza, learned senior standing counsel waives service of notice of rule on behalf of the respondents. Having regard to the controversy involved in the present case which lies in a very narrow com .....

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Commissioner, Central Excise, Vadodara, the second respondent herein. 3. It is an admitted position that the facts in the present case are similar to the facts of the assessee s own case in Special Civil Application No.10713 of 2015, except for the .....

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ng the Appellate Commissioner. 4. Special Civil Application No.10713 of 2015 has been decided by a judgment and order of even date wherein this court has held that the order-in-original as well as the order-inappeal are in breach of the principles of .....

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, though the same finds reference in the contentions raised by the petitioner. The above special civil application has been allowed by this court by restoring the matter to the file of the adjudicating authority for deciding the above issue in accord .....

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