Supreme Court - Daily Orders
Commnr.Of Central Excise Ahmedabad Iii vs Girish B Mishra on 9 February, 2015
Bench: Dipak Misra, Prafulla C. Pant
ITEM NO.49 COURT NO.4 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.35551/2013
(Arising out of impugned final judgment and order dated 13/02/2013
in TA No. 951/2012 passed by the High Court of Gujarat at
Ahmedabad)
COMMNR. OF CENTRAL EXCISE AHMEDABAD III Petitioner(s)
VERSUS
GIRISH B MISHRA Respondent(s)
Date : 09/02/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s) Mr. P.S. Patwalia, ASG
Mr. K. Radhakrishnan, Sr. Adv.
Mrs. Sunita Rani Singh, Adv.
Mr. Ajay Singh, Adv.
Mr. B. Krishna Prasad, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Despite service of notice, the respondent has not entered appearance.
The singular question that emanates for consideration is whether an order passed by the Commissioner of Central Excise, declining to compound the offence under the Act, would amount to an adjudicatory order under Section 35-A of the Act to clothe the CESTAT with jurisdiction to entertain an appeal against the said order.
List the matter on 24th February, 2015.
Signature Not Verified Digitally signed by Chetan Kumar Date: 2015.02.10 18:10:44 IST Reason: (Chetan Kumar) (H.S. Parasher)
Court Master Court Master