Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Sudhir Kumar Tripathi Versus The Commissioner of Central Excise & Service Tax

2016 (5) TMI 1156 - JHARKHAND HIGH COURT

Whether summons issued by the respondent-authority is devoid of any merit and substance - right to be accompanied by the Lawyers - Petitioner is neither a Director nor a post holder in M/s Netshelter Marketing Limited - Respondent contended that there are several allegations against the petitioner. Several cheques vouchers of payment of service tax have been prepared. Huge amount of cenvat credit has been availed to the tune of ₹ 3.20 crores approximately and so far investigation which has .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re the Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi. - Decided against the petitioner - W.P(T) No. 884 of 2016 - Dated:- 9-3-2016 - MR. D.N. PATEL AND MR. AMITAV K. GUPTA, JJ. For The Petitioner : M/s Deepak Prakash, Partha Sarathi Ghosh, Atul Kumar, Advocates For The Respondent : Mr. Ratnesh Kumar, Advocate [Order per : D.N. Patel, J. (Oral)]. - This writ petition has been preferred challenging the summons issued by the respondent-authority dated 1-2- .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a Director nor a post holder in M/s Netshelter Marketing Limited and hence, summons issued by the respondentauthority is devoid of any merit and substance. Nonetheless, the petitioner is ready and willing to remain present before the Superintendent (Prevention), Central Excise and Service Tax, Headquarter, Jamshedpur alongwith his lawyer. 3. Counsel appearing for the respondent has raised strong objection and it is submitted that a detailed counter affidavit has been filed by the Assistant Commi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hority under one or other pretext. In detail the investigation so far carried out has been pointed out in the counter affidavit and therefore, as the investigation is at crucial stage this petition may not be entertained by this Court. 4. Having heard counsels for both the sides and looking to the facts and circumstances of the case, we see no reason to entertain this writ petition mainly for the following facts and reasons: (i) The summons which has been issued by the Superintendent (Prevention .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

No question can be asked to a lawyer. The interrogation has to be carried out of this petitioner and therefore, his presence is must because several answers given by the landlady and other persons are found to be wrong. Several cross verification in the investigation is must. How to carry out investigation that never depends upon the wisdom of this petitioner. Investigation is like a game of chess. It all depends upon the wisdom of the officer, who carries investigation. The questions which are .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version