HARISH SILK INDUSTRIES Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying to direct the respondent no.2 to hear and decide the pending SCN no. V[CH.54] -3 -40/Dem/2009 dated 1.5.2009 forthwith and allow the same on merits in view of the settled law on the subject.

(2.) Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad in Appeal No. E/231 & 232/2011 [Application Nos. E/S/243, 244/2011] arising out of OIO No. 25/Dem/2010, dated 31.7.2010, by the judgment dated 11th January, 2012 remanded the matter to the original adjudicating authority for fresh decision by taking into account the observations made in the case of M/s. Bhagwati Silk Mills. In spite of remand order, the adjudicating authority ­ Commissioner of Central Excise & Customs, Surat -I is not taking any final decision on the show cause notice dated 1st May, 2009, copy of which is annexed along with the memo of the petition as Annexure:D at page 115 and copy of the judgment of the Tribunal has been annexed at Annexure:E to the petition.

(3.) This writ petition is disposed of with a direction to the Commissioner of Central Excise & Customs, Surat -I to take final decision on the show cause notice dated 1st May, 2009 within a period of three months from the date certified copy of this order is produced before him.