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Prabha Industries Versus The Assistant Commissioner of Central Excise, The Superintendent of Central Excise, The Deputy Commissioner of Customs, (Group-VII) , The Commissioner of Central Excise, The Deputy Commissioner of Central Excise, The Commissioner of Customs (Appeals) , Sri Krishna Smelters Ltd.

2016 (9) TMI 616 - MADRAS HIGH COURT

Maintainability - territorial jurisdiction of the court to entertain the writ petition - reliance placed on the decision of the case Zeenath International Supplies V. Commissioner of Customs, Visakhapatnam, [2014 (3) TMI 676 - MADRAS HIGH COURT] - He .....

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oach the CESTAT, Bangalore and the CESTAT shall exclude the period from 23.06.2004, till the receipt of the certified copy of this order, while computing limitation in the appeal to be filed by the petitioner - decided against petitioner. - W.P.No.29 .....

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, learned Standing Counsel for respondents 1 to 6 and Mr.K.Jayachandran, learned counsel for the 7th respondent. 2. The petitioner challenges an Order in Appeal passed by the Commissioner of Customs (Appeals), Cochin dated 21.06.2004. 3. The learned .....

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, reliance has been placed on the decision of the Division Bench of this Court [in which I am one of the party] in Zeenath International Supplies V. Commissioner of Customs, Visakhapatnam, 2014 (304) E.L.T. 491 (Mad.). The Division Bench considered t .....

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Supreme Court held that the Punjab & Haryana High Court was jusitified in its view as the Origional adjudication order and the appellate order were not issued by any authority within its territorial jurisdiction, but considering that no person sh .....

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tter on merits. Therefore, the decision in the case of the Canon Steels P. Ltd., (supra), does not in any manner advance the case of the appellant and the decision of the Hon'ble Supreme Court in the case of Ambica Industries, referred supra, wou .....

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orial jurisdiction . Firstly, it is to be noted that both the cases before the Full Bench as well as in the case o R.Raman V. National Insurance Company Ltd., (supra), arose out of a writ petition under Article 226 of the Constitution of India and by .....

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is regard, reference was made to the decision of this Court in the case of Bhanu Construction Co. (P) Ltd. V Andhra Bank, reported in (2005) 5 CTC 721. Similarly in the case of R.Raman V. National Insurance Company Ltd. (supra), the decision was rend .....

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