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MERCEDES BENZ INDIA PVT. LTD., PUNE vs. THE UNION OF INDIA AND OTHERS
(Bombay High Court)

Hon'ble Judges:

S.V. GANGAPURWALA
M. G. SEWLIKAR
Pet. Counsel
Prasad Paranjape
Res. Counsel
Karan Adik
Ram Ochani

Petitioner / Applicant

MERCEDES BENZ INDIA PVT. LTD., PUNE
Respondent THE UNION OF INDIA AND OTHERS
Court Bombay High Court
State

Maharashtra

Date May 2, 2022
Order No.

WRIT PETITION NO.1697 OF 2022

Citation

2022(5) TAXREPLY 5782
Original Order
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ORDER

1. The basic contention of the Petitioner is that the order impugned in the Appeal is beyond the show cause notice issued. The additional submissions of the present Petitioner and reliance placed by Petitioner in the case of Godrej & Boyce Mgd. Co. Ltd. vs. Union of India and others, 2021 (11) TMI 157 decided by this Court has not at all been dealt with by the appellate authority. Appellate authority failed to consider the case of the Petitioner that the order is beyond the scope of the show cause notice. 2. The learned Counsel for the Respondents submits that the order does not travel beyond the show cause notice. The order has been passed by the appellate authority considering the relevant provisions of the statute and the rules. The only refund Application of the Petitioner was rejected by the Respondent no.4. 3. According to the learned Counsel for the Respondents the contention of the Petitioner is directed towards the admissibility of the Cenvat credit of....

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