2023 (10) TMI 1390

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....th. At the joint request of the parties, the matters are heard finally at the stage of admission. 2. Since a common issue arises in all these petitions filed by the same public limited company regarding powers of the Revenue Department to resume inquiry into the show cause cum demand notices issued in the matters of proposed reversal under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11A of the Central Excise Act, 1944, after lapse of more than 10 years, we are disposing of these writ petitions by this common order to avoid rigmarole. 3. The petitioner company is having a central excise registration having been engaged in manufacturing excisable goods. The excise returns filed by it for the period July 2010 to June 2011 ....

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....tices which were promptly replied, the respondent No.2 is not entitled to resume the inquiries. Petitioner cannot be kept under the hanging sword for years together and a mandamus be issued directing the respondents to drop the proceeding. 6. The learned advocate would rely upon the following decisions : i. Raymond Ltd. Vs. The Union of India ; 2019-VIL-405-BOM-CE ii. Parle International Ltd. Vs. Union of India and others; 2020-VIL-592-BOM-CE iii. Sushitex Exports (India) Ltd. & Ors. Vs. The Union of India & Ors.; 2022-VIL-55-BOM-CU iv. The Bombay Dyeing and Manufacturing Company Ltd. Vs. Deputy Commissioner of CGST & CX ; W.P. No.2874 of 2022, order dated 14.02.2022 v. Reliance Transport and ....

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....d 11.07.2018. Accordingly the Supreme Court dismissed the Special Leave to Appeal on 06.02.2019. Subsequently the pending call book cases have been revived in the light of provisions of Section 11A (8) to 11 A (11) of the Central Excise Act and the period for the alleged delay should only be counted from 06.02.2019 when the matter before the Supreme Court was disposed of. Since there was pandemic thereafter, some time was lost. There is no intentional or deliberate attempt to protract the inquiries. The petitioner is a public limited company and cannot be allowed to take such technical defence. 8. We have carefully considered the rival submissions and perused the papers. As far as the facts are concerned regarding issuance of the show ca....