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2015 (10) TMI 1922 - GUJARAT HIGH COURT

2015 (10) TMI 1922 - GUJARAT HIGH COURT - TMI - 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 COURT], except for the fact that in the facts of the said case, against the order-in-original, the petitioner had approached the Appellate Commissioner, whereas in the facts of the present case, the petitio .....

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e, Advocate For the Respondent : Mr Rj Oza, Advocate 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 compass, with the consent of the learned counsel for the respective parties, the matter was taken up for final hearing. 2. This petition under Article 226 of the Constitution is directed against the order- .....

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allenged the order-in-original without approaching 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 natural justice for nonconsideration of the petitioner s principal contention that there is no real short payment of excise duty in this case because M/s. VCL has paid excise duty on the goods in quest .....

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