2015 (10) TMI 1922

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.... JUDGMENT PER : MS. HARSHA DEVANI 1. Rule. Mr. R. J. Oza, learned senior standing counsel waives service of notice of rule on behalf of the respondents. Having regard to the controversy involved in the present case which lies in a very narrow compass, with the consent of the learned counsel for the respective parties, the matter was taken up for final hearing. 2. This petition under Artic....

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....well as the order-inappeal are in breach of the principles of natural justice for nonconsideration of the petitioner's principal contention that there is no real short payment of excise duty in this case because M/s. VCL has paid excise duty on the goods in question at their selling price, has not been decided, though the same finds reference in the contentions raised by the petitioner. The above ....