PANKAJ NARULA Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) On the last date of hearing, learned counsel for the respondent -Revenue was asked to obtain instructions whether the Revenue is ready to return the demand draft of Rs. 58 lacs and two undated cheques of Rs. 25 lacs each. Learned counsel for the respondent -Revenue on instructions states that they shall return the two undated cheques of Rs. 25 lacs each and also the demand draft of Rs. 58 lacs. The aforesaid demand draft and the two undated cheques will be returned within a period of fifteen days to the petitioner. The respondent had also seized Rs. 42 lacs at the time of search. Learned counsel for the petitioner relies upon a decision of the Gujarat High Court in Abhishek Fashions Private Limited v/s. Union of India, : 2006 (202) E.L.T. 762 (Guj.) and States that as per Sec. 11A of the Central Excise Act, 1944, the respondent -Revenue was required to issue show cause notice. Learned counsel for the respondent -Revenue submits that show cause notice has already been issued and proceedings are pending. This is not disputed by the counsel for the petitioner. In these circumstances, we are not inclined to pass any order for refund of Rs. 42 lacs at this stage.

(2.) Learned counsel for the respondent further States that the proceedings pursuant to the show cause notice are being taken up expeditiously. She does not have any grievance in this regard. In terms of the aforesaid order, the present writ petition is disposed of.