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of <h1>Application Rejection Upheld: Court Emphasizes Compliance with Excise Registration Procedures to Prevent Duty Evasion.</h1> <h3>MANIBHADRA PROCESSORS Versus ADDITIONAL COMMISSIONER OF C. EX.</h3> MANIBHADRA PROCESSORS Versus ADDITIONAL COMMISSIONER OF C. EX. - 2005 (184) E.L.T. 13 (Bom.) Issues Involved:The judgment deals with the rejection of an application for registration of an industrial unit under Rule 9 of the Central Excise Rules, 2002. The main issues include the rejection of the registration application based on outstanding excise dues of the previous registrant and the refusal to grant registration due to the premises already being registered in the name of another entity.Facts:The petitioner established a manufacturing unit and applied for registration under Rule 9 of the Central Excise Rules, 2002. The application was rejected citing outstanding excise dues of the previous registrant, M/s. Jagruti Textile Processors, and the failure to surrender their registration certificate for the same premises. The rejection order dated 19-2-2004 was challenged in the present petition under Article 226 of the Constitution of India.Rival Submissions:The petitioner argued that the rejection was based on extraneous considerations and should be set aside, while the Revenue contended that the premises were already registered in the name of M/s. Jagruti Textile Processors, who had not surrendered their registration certificate or cleared outstanding dues. The Revenue emphasized the need for compliance with the rules and conditions for registration.Consideration:The Court noted that registration is granted under Rule 9 of the Central Excise Rules, 2002, subject to specified conditions and procedures. The amended notification requires separate registration certificates for each premises, preventing successive registrations for the same premises. The Court found the rejection justified to prevent evasion of duty liability and distinguished previous judgments that were not applicable to the current case.Conclusion:The Court upheld the impugned order dated 19-2-2004 as lawful, dismissing the petition for registration of the industrial unit. The judgment emphasizes the importance of compliance with registration rules and procedures to prevent misuse and evasion of excise duties.
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