The vs Heard on 17 July, 2008

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TAXAP/1688/2007	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

TAX
APPEAL No. 1688 of 2007
 

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


 

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

Versus
 

PRATIBHA
SYNTEX LTD. - Opponent(s)
 

=========================================================
Appearance : 
MR
YN RAVANI for Appellant(s) : 1, 
None for
Opponent(s) :
1, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE D.A.MEHTA
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MS.JUSTICE H.N.DEVANI
		
	

 

Date
: 17/07/2008 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)

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???

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

(D.A.Mehta,
J.) (H.N.Devani,J.)

M.M.BHATT

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