Jharkhand High Court
M/S Virdi Enterprises vs Union Of India & Ors on 21 August, 2009
Author: M. Y. Eqbal
Bench: M. Y. Eqbal
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (T) No. 1233 of 2009
M/s Virdi Enterprises ... ... ... ... Petitioner
Versus
Union of India and others ... ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE M. Y. EQBAL THE HON'BLE MR. JUSTICE D.K. SINHA
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For the Petitioner: Mr. B. Poddar
For the Respondents: M/s M. Khan, P.K. Prasad, Ratnesh
Kumar, RubyBiween,
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3_/ 21.08.2009 Heard the parties.
Learned counsel appearing for the petitioner and also the counsel appearing for the respondents produced before us an order dated 24.4.2009 passed in similar writ petition bearing W.P. (T) No. 1179 of 2009, which reads as under:
" In this writ petition, petitioner has challenged the show cause notice dated 12.10.2007 & 24.09.2008 whereby the Commissioner of Central Excise and Service Tax called upon the petitioner to show-cause as to why service tax for the amount mentioned in the notice be not recovered along with the interests and penalties.
We have heard Mr. Biren Poddar, learned Sr. Counsel appearing for the petitioner and Mr. P.K. Prasad, learned Advocate General.
Learned Counsel has not disputed the fact that pursuant to said show-cause notice, the petitioner has already filed detailed show-cause and the matter is pending before the Commissioner of Central Excise and Service Tax for final order.
In the aforesaid premises, we dispose of this writ petition with a direction to the Commissioner, Central Excise and Service Tax to consider the show-cause filed by the petitioner and dispose of the same by passing a reasoned order.
Needless to say that the Commissioner shall consider all the points raised by the petitioner in the show-cause.
Till the disposal of the show-cause, no coercive step shall be taken against the petitioner. "
We, therefore, dispose of this writ petition in terms of the aforesaid order with the slight modification that the petitioner shall file show cause as against the show cause notice which shall be filed by the respondent by passing reasoned order.
(M. Y. Eqbal, J) ( D.K. Sinha, J) Alankar/