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Supreme Court - Daily Orders

M/S Mppkvv Co Ltd vs Gst And Central Excise Commissioner on 5 July, 2019

Bench: A.M. Khanwilkar, Dinesh Maheshwari

                                                         1

     ITEM NO.9                                COURT NO.9                   SECTION IV-A

                               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(s).14223/2019

     (Arising out of impugned final judgment and order dated 01-
     04-2019 in WP No. 6363/2019 passed by the High Court Of M.p
     Principal Seat At Jabalpur)

     M/S MPPKVV CO LTD                                                     Petitioner(s)
                                                             VERSUS

     GST AND CENTRAL EXCISE COMMISSIONER                                   Respondent(s)
     (FOR ADMISSION )

     Date : 05-07-2019 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE A.M. KHANWILKAR
                             HON'BLE MR. JUSTICE DINESH MAHESHWARI

     For Petitioner(s) Mr. Akshat Shrivastava, AOR
                       Ms. Pooja Shrivastava, Adv.

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                               O R D E R

Learned counsel for the petitioner submits that the subject order was served on the petitioner on 08.01.2018. Against that order, the petitioner was ill-advised to file Writ Petition on 05.03.2018 which was eventually withdrawn on 13.03.2018. Later, the appeal came to be filed on 11.04.2018. If the time spent by the petitioner in pursuing the Writ Signature Not Verified Petition is to be excluded, the petitioner would get benefit Digitally signed by DEEPAK SINGH Date: 2019.07.06 12:55:37 IST Reason: of the extended period under the proviso of Section 85 of the Central Excise Act, 1944.

2

Issue notice, returnable within four weeks. Dasti, in addition, is permitted.

(DEEPAK SINGH)                            (VIDYA NEGI)
COURT MASTER (SH)                       COURT MASTER (NSH)