Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (1) TMI 128

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sh Sha a/w Mr. Jas Sanghavi i/by PDS Legal For the Respondent : Mr. Pradeep S. Jetly a/w Mr. J.B. Mishra ORDER P.C.: 1. These appeals arise out of common judgment of the Customs, Excise and Service Tax Appellate Tribunal ("the Tribunal" for short) dated 12.12.2017. Brief facts are as under:- Appellant of Central Excise Appeal No. 93 of 2018 is a Private Limited Company. In connection with its .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r of the company. After failing to pursued the appellate authority to set aside these orders, both the noticees approached the Tribunal. Before the Tribunal, several contentions were raised. The memo of appeal contains several grounds of facts and law. Principally, the case of both the appellants appeared to be that the sales were made to said Panorama Enterprises when its export licence was valid .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ama Enterprises is a fictitious firm not holding a valid ARO. When it is so, then we have no other option except to agree with the impugned order. Hence, we uphold the impugned order for the reasons mentioned therein." 4. With great respect and restraint, we find that the Tribunal's consideration of issues presented before it leaves us dissatisfied. We have perused the appeal memos filed by t .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o examine all contentions of law as well as of facts. High Court in further appeal would entertain only substantial questions of law. We have made these observations since this is not a one off incident where we have noticed that the judgment of the Tribunal sometimes tends to be rather brief, the devoid of necessary analysis which enabled the Tribunal to arrive at a particular conclusions. 6. Un .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates