THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.36546 of 2014
DATED:02.12.2014 Between:
M/s. Jasleen Enterprises, Hyderabad.
… Petitioner And Union of India, Represented by its Secretary (Revenue), North Block, New Delhi and another.
….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.36546 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed basically being aggrieved by the decision of the Commissioner of Customs, Central Excise and Service Tax in not allowing the petitioner to cross-examine the persons who have issued necessary orders and taken decisions.
It appears from the impugned order that the writ petitioner did not file a final reply to the show cause notice. Therefore, it seems to us that the Commissioner thought that it may be premature stage. Under the circumstances, we feel that justice would be sub-served if the following order is passed.
The writ petitioner shall file a final reply to the show cause notice within a fortnight from date. After the reply is filed, if the writ petitioner is advised to cross-examine the persons, who are involved in these proceedings, then the Commissioner shall summon those persons for cross-examination.
The writ petition is accordingly disposed of.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ 2nd December, 2014 Pnb SANJAY KUMAR, J