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PRISM JOHNSON LIMITED vs. UNION OF INDIA, STATE OF MADHYA PRADESH AND OTHERS
(Madhya Pradesh High Court)

Hon'ble Judges:

SHEEL NAGU
MANINDER S BHATTI
Pet. Counsel
M.p. Devnath
Akshay Sapre
Res. Counsel
Abhijeet Shrivastava

Petitioner / Applicant

PRISM JOHNSON LIMITED
Respondent UNION OF INDIA, STATE OF MADHYA PRADESH AND OTHERS
Court Madhya Pradesh High Court
State

Madhya Pradesh

Date Jun 13, 2022
Order No.

WRIT PETITION No. 9226 of 2020 and WRIT PETITION No. 9231 of 2020

Citation

2022(6) TAXREPLY 5931
Original Order
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ORDER

Both the writ petitions, namely, W.P. No.9226 of 2020 and W.P. No.9231 of 2020 involve common question of facts as well as law and, therefore, are being decided by this common order. 2. These petitions assail not only the show cause notices issued but also the consequential orders passed by the competent authority refusing claim for refund of accumulated credit of compensation cess. 3. The principal grounds of challenge to the aforesaid show cause notices and subsequent orders are that the refund despite being due to the petitioner in law has been wrongly denied and the consequential orders of refusal to refund are non-speaking. 4. Learned counsel for Revenue has filed a counter-reply refuting submissions of petitioner by primarily submitting that the impugned consequential orders declining refund contain sufficient reasons to save them from being sacrificed at the alter of natural justice. On merits, the respondents in their counter-reply also submits that the claim for....

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