2017 (11) TMI 1010

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..... - W.P. No. 270 of 2017 - - - Dated:- 12-5-2017 - Debangsu Basak, J. Shri Ananda Sen, Pronit Bag, Shankar Ranjan Sen and Ramesh Sharma, Advocates, for the Petitioner. Shri Amitabrata Roy and Ms. A. Rajeswari, Advocates, for the Respondent. ORDER The Court : The petitioners assail an order-in-original dated January 31, 2017. 2. Learned advocate for the petitioners submi .....

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..... in support of his contentions. Learned advocate for the petitioners further submits that, the Special Leave Petition directed against Indsur Global Ltd. (supra) was admitted by order dated September 24, 2015 and that, the Hon ble Supreme Court had restrained recovery of the amount assessed. He seeks an interim protection till the disposal of the writ petition. 3. Learned advocate for the depar .....

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..... Malladi Drugs Pharmaceuticals Ltd. (supra), Sandley Industries (supra) and Shreeji Surface Coatings (P) Ltd. (supra) have found Rule 8(3A) of the Central Excise Rules, 2002 to be ultra vires Articles 14 and 19(1)(g) of the Constitution of India. 7. The Hon ble Supreme Court in the Special Leave Petition referred above had restrained the department from recovering the amount assessed in the or .....

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