Commissioner Of Central GST And Central Excise vs. M/S Terryfab (INDIA) LTD.

CRES/28/2022HC RajasthanGSTCNR RJHC02021998202230 March 2022Bench: MANINDRA MOHAN SHRIVASTAVA,SAMEER JAIN1 pages
AI SummaryRemanded

Held

The Court was satisfied with the submissions made by the learned counsel for the applicant (petitioner). Consequently, the Court decided to recall the order of dismissal dated February 11, 2022. D.B. Central Excise Appeal No. 161/2018 was restored to its original number. This restoration was made subject to the petitioner paying a cost of Rs. 1000/- to the Rajasthan State Legal Services Authority. The Court did not decide on the merits of the original appeal, only on the restoration application.

Facts

The petitioner, Commissioner of Central GST and Central Excise, filed a restoration application seeking to recall an order of dismissal dated February 11, 2022, and to restore D.B. Central Excise Appeal No. 161/2018 to its original number. The appeal was dismissed previously. The respondent is M/s Terryfab (India) Ltd. The application was heard on March 30, 2022.

Key Issues

1. Whether the order of dismissal dated February 11, 2022, should be recalled? (Question of procedure) Petitioner's Argument: The petitioner, through their counsel, submitted arguments that satisfied the Court, leading to the inclination to restore the appeal. Respondent's Argument: No arguments were recorded for the respondent in this specific order.

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Restoration Application No. 28/2022 In D.B. Central Excise Appeal no.161/2018 Commissioner Of Central GST And Central Excise, ----Petitioner Versus M/s Terryfab (India) Ltd. ----Respondent For Petitioner(s) : Mr. Archit Bohra For Respondent(s) : HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN

Order 30/03/2022 Heard on prayer of recalling the order dated 11.02.2022 and restoration of the excise appeal to its original number.

This Court is satisfied from the submissions made by learned counsel for the applicant and therefore this Court is inclined to restore the excise appeal.

Accordingly, the order of dismissal dated 11.02.2022 is recalled and D.B. Central Excise Appeal no.161/2018 is restored to its original number, subject to payment of cost of Rs.1000/- at Rajasthan State Legal Services Authority. (SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ AARZO ARORA /25

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Reproduced from the public record of the Rajasthan High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.