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ISHAN CONSTRUCTION vs. THE COMMISSIONER OF CENTRAL EXCISE & OTHERS
(Chhattisgarh High Court)

Hon'ble Judges:

P. SAM KOSHY
Pet. Counsel
Anish Tiwari
Res. Counsel
Maneesh Sharma

Petitioner / Applicant

ISHAN CONSTRUCTION

Respondent THE COMMISSIONER OF CENTRAL EXCISE & OTHERS
Court Chhattisgarh High Court
State

Chhatisgarh

Date Feb 2, 2023
Order No.

WPT No. 35 of 2023

Citation

2023(2) TAXREPLY 6953

Original Order
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ORDER

ORDER 1. The petitioner in the present Writ Petition seeks for a direction to the respondents No. 1 for deciding the application (Annexure P/9) dated 24.01.2023 before considering the contents of the appeal itself. 2. The facts are that a proceeding under Section 73(1) of the Finance Act, 1944 read with Section 174 of the CGST Act, 2017 was initiated against the petitioner. It is stated that an order was passed in the said proceeding on 27.01.2022. 3. It is the further contention of the petitioner that in the said proceeding, notice has never been issued to the petitioner and that he was not aware of such a proceeding at all. 4. However for the same cause of action, there was yet another show-cause notice issued on 17.10.2018 wherein the petitioner immediately appeared and submitted his reply and there he was contesting the case on merit. Meanwhile, since the order dated 27.01.2022 was passed, the concerned authority closed the subsequent proceeding vide order dated ....

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