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2018 (2) TMI 1623

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..... sh Chaturvedi,Devashish A Mehrotra For The Respondent : A. S. G, Dipak Seth ORDER Heard learned counsel for the petitioner, Sri Dipak Seth, learned counsel for respondent nos. 1,2 and 3 and Sri Shiv P. Shukla, learned counsel for respondent no.4. The petitioner, by means of this petition, has sought a direction to be issued to respondent no.3 i.e. Deputy Commissioner, (ADJ) CGST & Central Exc .....

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..... to have already been served with show cause notice and the order in original dated 17.10.2012 and 06.01.2017, receptively and as such there is no occasion for the petitioner to have applied again for seeking certified copies of the said documents. He has further stated that application made by the petitioner is nothing but a ploy to overcome the limitation in preferring the appeal which may be fil .....

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..... that the appeal would not be within the limitation would always be available to the department while contesting the appeal which may be preferred by the petitioner against the order in original dated 06.01.2017. Denial of certified copies of the documents cannot be justified specially if the show cause notice and the order in original is in relation to the petitioner itself. The submission that .....

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..... within a week from the date of production of a certified copy of this order before him. However, we make it clear that supply of certified copies of the aforesaid documents being demanded by the petitioner will be without any prejudice to right of the department of taking any objection which may be available and tenable under law, in case the petitioner chooses to prefer statutory appeal against .....

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