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Commissioner of Central Excise, Kolkata Versus M/s. Assam Tubes Ltd. & Others

2016 (10) TMI 342 - CALCUTTA HIGH COURT

Validity of order passed by Settlement Commission u/s 32F of the Central Excise Act, 1944 - interference under Article 226 of the Constitution of India - allowance of cenvat credit before the closure of the factory - clandestine removal of goods - He .....

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ing as recorded in the impugned order. Such finding has not been demonstrated to be perverse. The jurisdiction of the Settlement Commission to pass the impugned order has also not been questioned - no interference required with the order of Settlemen .....

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tment as the petitioner has assailed an order passed by the Settlement Commission acting under the provisions of Section 32F of the Central Excise Act, 1944. Learned advocate for the petitioner has submitted that the Settlement Commission had erred i .....

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t the impugned order of the Settlement Commission is therefore bad. Learned advocate for the respondent has submitted that the respondent was a Sick Industrial Undertaking within the meaning of the Sick Industrial Undertaking [Special Provisions] Act .....

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f a show cause notice. It had disclosed all its materials before the Settlement Commission. The Settlement Commission had considered the rival contentions on a detailed basis and has returned the findings as recorded in the impugned order. The impugn .....

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aw claimed to be raised in the writ petition and as submitted as a part of writ petition and has submitted that, such points of law has to be answered in favour of the respondent. I have considered the rival contentions of the parties and the materia .....

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