1999 (2) TMI 78

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....]. - This is a bunch of 11 writ petitions, Counsel for the parties are a greed that these petitions involve identical facts and raise similar issues. These can, thus, be disposed of by a common order. Learned Counsel have referred to the factual position as emerges from the record of Civil Writ Petition No. 23 of 1999. This may be briefly noticed. 2. The petitioner is engaged in the manufacture....

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....f Rs. 5,94,580/- within five days, failing which it was threatened with action by way of attachment of the goods, stocks, plant and machinery. Aggrieved by the notice, the petitioner has filed the present writ petition. It has been averred that the order dated April 27, 1998, by which the petitioner's capacity had been fixed, has been set aside by the Custom Excise and Gold (Control) Appellate Tri....

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....ed that the writ petition be dismissed. 5. Learned Counsel for the parties have been heard. 6. Mr. Gumber, who appears for the respondents, concedes that the very basis on which the demand regarding the levy of excise duty had been raised, is no longer in existence. The order passed by the Commissioner has been set aside by the Tribunal. No fresh order, determining the petitioner's capacity,....