Tankrete India Ltd. Vs Union of India (UOI)

Calcutta High Court 23 Sep 1998 Writ Petition No. 9801 (W) of 1998 (1998) 104 ELT 324
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

Writ Petition No. 9801 (W) of 1998

Hon'ble Bench

V.K. Gupta, J

Advocates

Pradyot Kumar Nandi and Ashim Ghosal, for the Appellant; Prasun Kumar Dutta and Anil Kumar Chowdhury, for the Respondent

Final Decision

Dismissed

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

V.K. Gupta, J.@mdashIt appears that against the assessment/levy of the duty of Central Excise, an order was passed by the Assessing Officer wherefrom an appeal was taken to the Commissioner of Central Excise which was dismissed. It appears that a further appeal was preferred before the Central Excise and Gold (Control) Tribunal which also has been dismissed. After the dismissal of these appeals and the finality assumed to these orders, the Assistant Commissioner, Central Excise, Durgapur Division, the Respondent No. 3 herein, has issued a demand notice which is impugned in this petition.

2. After hearing the learned Advocates for the parties, I find that this petition is not maintainable simply because of the reason that the orders of assessment/levy of duty of Central Excise have now become final. Since these orders have not been challenged, the impugned demand notice cannot be assailed on any ground.

3. The writ petition is dismissed, but without any order as to costs.

4. In view of the dismissal of the writ petition in limine, no order is passed on the application for addition of party which also is disposed of summarily.

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