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Jagannath Cement Works Pvt Ltd. Versus The Union of India

2015 (11) TMI 955 - JHARKHAND HIGH COURT

Validity of ex-parte order passed by the tribunal - Violation of principle of natural justice - Held that:- Show-cause notice was issued by the Respondent Department in the month of August, 2014 and reply to that show-cause was given on 13th October, 2014, in which it was specifically stated that the petitioners have received the notice for hearing dated 20th October, 2014 and it was requested that the matter be adjourned to some other date after 14th November, 2014. Thereafter, vide notice date .....

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he petitioner was served with an ex-parte order dated 9th February, 2015 passed without giving any adequate opportunity of being heard to the petitioner - Impugned order is set aside - Matter remanded back - Decided in favour of assessee. - W.P.(T) No. 2183 of 2015 - Dated:- 25-6-2015 - Mr. D.N. Patel And Mr. Ratnaker Bhengra, JJ For the Petitioner: Mr. Pankaj Bhatia, Advocate For the Respondents: Mr. Deepak Roshan ORDER Per D.N. Patel, J. 1. This writ application has been preferred challenging .....

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adequate opportunity of hearing and therefore, this writ petition has been preferred. Submissions made on behalf of the petitioner 2. Counsel for the petitioner has argued out the case at length and submitted that the detailed argument made by him has already been incorporated by this court in the order dated 20th May, 2015 in this writ petition. It has further been submitted that show-cause notice was issued by the Respondent Department in the month of August, 2014 and reply to that show-cause .....

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se, Jamshedpur was not available and therefore, this petitioner gave application praying therein that since the Commissioner is not available, the next date of hearing may be fixed in the month of December, 2014. Surprisingly, instead of the next date of hearing being fixed, the petitioner was served with an ex-parte order dated 9th February, 2015 passed without giving any adequate opportunity of being heard to the petitioner. Therefore, the order dated 9th February, 2015, passed by the Commissi .....

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nt 3. Counsel for the respondent submitted that they have filed a detailed counter affidavit, in paragraph no. 11 of which it has been stated that this petitioner has already been given opportunity of being heard on 18th September, 2014 and 20th October, 2014 before adjournment was again sought for by the petitioner on 11th November, 2014, but, the petitioner avoided the same and adopted delaying tactics during the adjudicating proceedings and therefore, instead of the adjournment sought for by .....

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ny hearing before passing the impugned order, hence, this writ petition may not be entertained by this court. REASONS: 4. Having heard counsel for both sides and looking to the impugned order passed by the Commissioner, Central Excise, Jamshedpur dated 9th February, 2015, we, hereby, quash and set aside the order dated 9 th February, 2015, passed by the Commissioner, Central Excise, Jamshedpur, mainly for the following reasons: (I) Two show-cause notices were given by the respondents to this pet .....

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