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2018 (2) TMI 1623

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..... tively and as such there is no occasion for the petitioner to have applied again for seeking certified copies of the said documents. Held that: - 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 respondent no.2 is directed to supply the certified copies of the SCN dated 17.1 .....

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..... e notice dated 17.10.2012 as also the order in original dated 06.01.2017 said to have been passed by the Adjudicating Authority. Having heard the learned counsel for the petitioner and having perused the pleadings available before us, we feel that it is not a case where the petitioner ought to have been compelled to institute these proceedings under Article 226 of the Constitution of India befo .....

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..... ted 06.01.2017. He has further stated that in fact the Adjudicating Authority is the Commissioner, CGST and Central Excise and accordingly application ought to have been made, if at all, by the petitioner to the Commissioner and not to any other authority. We fail to understand the reasons being indicated and the submission made by learned counsel appearing for respondent nos.1,2 and 3 for deny .....

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..... n for seeking the certified copy of the documents to the Commissioner and not to any other authority can also not be appreciated for the reason that ordinarily the petitioner ought to have made application to the custodian of the said records for providing certified copies thereof, however, even if he had made an application to some other authority, the appropriate course would have been that the .....

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