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Bombay High Court

M/S Gangamai Industries And ... vs The Commissioner Of Customes, Central ... on 28 February, 2020

Bench: S.V. Gangapurwala, Shrikant D. Kulkarni

                                          1
                                                              (1018) CEA-8-2017

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                            BENCH AT AURANGABAD

                      CENTRAL EXCISE APPEAL NO.8 OF 2017

M/s Gangamai Industries &
Constructions Ltd.,
Najik Babhulgaon,
Taluka Shevgaon,
District Ahmednagar                                 ..Appellant

         Versus

The Commissioner of Customs,
Central Excise & Service Tax
Goods & Service Tax (GST)
Aurangabad, now
The Commissioner of Customs,
Central Excise & Service Tax (GST)
Nashik                                              ..Respondent

Mr S.B. Deshmukh, Advocate for appellant
Mr D.S. Ladda, Advocate for respondent

                                   CORAM : S.V. GANGAPURWALA AND
                                           SHRIKANT D. KULKARNI, JJ.

                                     DATE : 28th February 2020

ORAL ORDER :

1. We have heard Mr Deshmukh, learned Counsel for the appellant and learned Counsel Mr Ladda for the respondent.

2. Mr Deshmukh placed reliance on the judgment of Apex Court in case of M/s Shoeline Vs. Commissioner of Service Tax, reported in (2017) 8 Scale

718.

3. Upon hearing the learned Counsel for the parties, the following question of law arises:

"Whether in the facts and circumstances of the case, the appellant is entitled for refund of the penalty and interest amount ?"

4. Admit. Mr Ladda waives notice for respondent. ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr ::: Uploaded on - 02/03/2020 ::: Downloaded on - 12/06/2020 12:19:15 :::