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2016 (9) TMI 671

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..... that cannot be a reason to submit a proper reply to the show cause notice and participate in the adjudicating proceedings - at this stage, the petitioner cannot insist upon the documents, which they now seek for, which are admittedly not recovered from their business premises - the prayer sought for by the petitioner cannot be granted. Petitioner is directed to submit their reply to the show cause notice, within a period of two weeks from the date of receipt of a copy of this order, after which the respondent shall fix the date of personal hearing and proceed to complete the adjudication, in accordance with law. petition dismissed - decided against petitioner. - Writ Petition No.3876 of 2016 and W.M.P.Nos.3244 of 2016, 7998 of 2016 a .....

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..... his case, as mentioned by the learned counsel for the petitioner, namely, copy of documents recovered from M/s. Jayam Impex, copy of documents recovered from M/s. Kamadaa Impex and copy of documents recovered from M/s MM Enterprises. 4. Pursuant to this representation, the DRI, by reply, dated 02.05.2014, stated that the relied upon documents, vide Annexures A-7 to A-9, have already been supplied along with the show cause notice. These three annexures are stated to have been relating to those three companies, whose names have been mentioned above. 5. On receipt of the reply, the petitioner addressed the respondent, by letter, dated 13.06.2014 stating that, what they have asked for are the copies of documents recovered from M/s. Jayam .....

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..... 8. It is not in dispute that those mahazars are drawn at the office premises of those three companies and not from the petitioner. In fact, those three companies and its Partners / Directors are also Notices in the show cause notice. Therefore, during the course of adjudication, if the petitioner's contention is that, certain documents recovered from the office premises of those three companies are relevant, it would always be open to the petitioner to raise such a plea before the Adjudicating Officer and that cannot be a reason to submit a proper reply to the show cause notice and participate in the adjudicating proceedings. Therefore, at this stage, the petitioner cannot insist upon the documents, which they now seek for, which ar .....

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