The vs Heard on 6 August, 2008

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TAXAP/8/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 8 of 2008
 

 
 
==========================================


 

THE
COMMISSIONER OF CENTRAL EXCISE & CUSTOM, SURAT-I - Appellant(s)
 

Versus
 

KAROLIA
TEXTILES PVT. LTD. - Opponent(s)
 

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Appearance : 
MR
HRIDAY BUCH FOR MR HARIN P RAVAL for Appellant(s)
: 1, 
None for Opponent(s) :
1, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE D.A.MEHTA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MS.JUSTICE H.N.DEVANI
		
	

 

 
 


 

Date
: 06/08/2008 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MS.JUSTICE H.N.DEVANI)

1. Heard
the learned Counsel for the appellant. It is pointed out that Tax
Appeal Nos. 1348 of 2007 and 1624 of 2007 involving similar
controversy have been admitted.

2. Hence
Admit. The following substantial question of law arises for
consideration :

?SWhether, in the
facts and circumstances of the case, the Tribunal was justified in
law in setting aside the order whereby refund claim had been
rejected on the ground that the respondent-assessee has not
challenged the Annual Production Capacity fixed by the
Commissioner???

To
be heard along with Tax Appeal Nos. 1348 of 2007 and 1624 of 2007.

[D.A.MEHTA,
J.]

[HARSHA
DEVANI, J.]

parmar*

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