9911796707
TMI Blog2010 (5) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010 - - - Dated:- 4-5-2010 - V.C. Daga and K.K. Tated, JJ. S/Shri Prakash Shah a/w Jas Sanghvi i/b PDS Legal, for the Petitioner. Shri P.S. Jately, for the Respondent. [Judgment per : V.C. Daga, J.]. - Heard. Perused petition. Rule, returnable forthwith. Mr. Jately waives service. Heard finally by consent of parties. The facts 2. This petition filed under Article 226 of the Constitution of India is directed against the order dated 29th March, 2010 passed by respondent No. 2, Member, Central Board of Excise and Customs, Government of India, Ministry of Finance, New Delhi. By the impugned order, the facility of monthly payment of excise duty as provided under Rule 8(1) of the Central Excise Rules, 2002 was ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representation within seven days of receipt of the said notice as to why the restrictions as mentioned above should not be imposed in respect of the goods cleared from the petitioner's factory. By the said letter, the petitioner was also granted a personal hearing before respondent No. 3 to explain its case. 4. The petitioner by its letter dated 13th November, 2009 requested for extension of time for making representations. The petitioner on 2nd December, 2009 appeared before respondent No. 3 and made representation on behalf of petitioner and also submitted a written submission. Submissions 4. Mr. Shah submits that even though show cause notice was for withholding the CENVAT credit facility for a period of three months, ultimately, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el appearing for the petitioner states that till the fresh order is passed, the petitioner may be permitted to utilize the Cenvat credit by keeping the credit balance intact from the accumulated credit for all the time. 7. Considering the aforesaid aspect of the matter, the impugned 29th March, 2010, which is annexed at Exhibit-A to the petition, is set aside with a direction that the Member (Central Excise), Govt., of India, New Delhi, shall hear the petitioner and pass an appropriate reasoned order again in accordance with law following principles of natural justice, latest within a period of four weeks from the date of receipt of the copy of this order. However, it will be open to the Member (Central Excise) to take a decision earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X
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