2014 (12) TMI 817

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....pondent : Shri Prasanna Prasad, Adv. JUDGEMENT Heard. By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for quashment of the order dated 14.02.2014 (Annexure P/1) passed by respondent No.2 - Adjudicating Authority, on the ground that the issue involved in this writ petition is squarely covered by order dated 01.02.2010 passed in Writ Petition ....

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....le to it under Section 35 (B) of the Central Excise Act, 1944 and without availing the same, filing of the present writ petition, which involves disputed question of facts, is not maintainable; and prayed for dismissal of the writ petition. 3. It is not in dispute that against the impugned order, appeal is provided to the Appellate Tribunal. 4. In the present case, demand of excise duty is b....

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....3 confirmed the demand raised against M/s. Prem Pharmaceuticals, Indore and also imposed penalty. Against both these orders, M/s. Prem Pharmaceuticals preferred an appeal before the Customs, Excise & Service Tax Appellate Tribunal, New Delhi. The CESTAT, New Delhi without considering the budgetary changes, and relying upon their own order dated 24.06.2004 set aside the Commissioner's order dat....

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....e restriction was imposed with effect from 01.03.2001 onwards in respect of intravenous fluids and the said open ended / blanket exemption of intravenous fluid was withdrawn and only such intravenous fluid, which are used for sugar, electrolyte and fluid replenishment were exempted; the petitioner has yet not got any benefit from the order passed in the case of M/s. Prem Pharmaceuticals. It is als....