2025 (9) TMI 964

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.... : Dominic Fernandes Senior Standing Counsel For CBIC ORDER: PER HON'BLE SRI JUSTICE P.SAM KOSHY Heard Ms. Y.Siri Reddy, learned counsel for the petitioner and Mr. Dominic Fernandes, learned Senior Standing Counsel for the CBIC for respondent No.1. Perused the record. 2. The instant is a writ petition which has been filed assailing the order-in-original dated 21.04.2025 passed by the f....

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....RIES LIMITED vs. UNION OF INDIA [2012(6) TMI 76 Delhi High Court - LB] and the petitioner has also relied upon a recent decision of the Bombay High Court in the case of PI INDUSTRIES LIMITED vs. THE UNION OF INDIA [2025(4) TMI 381 Bombay High Court]. 5. As regards the aspect of limitation is concerned, it has been pointed out by the learned Standing Counsel for the department that in fact the i....

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....ther the samples collected by the department and which has been got tested from the laboratory have been duly considered by the first respondent or not, is again a matter of fact finding for which again the appellate body is the best forum which can deal with the said issue, not this High Court in the course of invoking the powers conferred under Article 226 of the Constitution of India. 6. So ....

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....s that the first respondent is one forum which is located in Maharashtra and the writ petition is being filed in the State of Telangana. The petitioner having subjected themselves to the jurisdiction of the first respondent located in Maharashtra cannot now be permitted to avail the writ remedy before a altogether different jurisdictional High Court in the course of challenging an order passed by ....