The Tax Bench of the Hon’ble Bombay High Court with effect from 4th January 2018 is as follows:
| The Hon’ble Shri Justice
S.C. DHARMADHIKARI AND The Hon’ble Smt. Justice BHARATI H. DANGRE (Court Room No. 31) |
For admission, hearing and order matters therein: (A) Civil Writ Petitions and Public Interest Litigations relating to Energy and Airports. (B) Writ Petitions in indirect tax matters under Central Acts and State Acts (including Excise Duty, Customs Duty and Service tax). (C) Writ Petitions relating to Maharashtra Land Revenue Code. AND APPELLATE SIDE MATTERS |
| The Hon’ble Shri Justice
M.S. SANKLECHA And The Hon’ble Shri Justice RIYAZ I. CHAGLA (Court Room No. 27) |
For admission, hearing and order matters therein:
(A)Appeals, References and applications in Maharashtra VAT, Sales Tax, Foreign Trade (Regulation and Development) Act,1992 including FERA, FEMA. (B) All Appeals, References and Applications under Indirect Taxes under Central Acts, (C) Chartered Accountant References. (D) WritPetitions, Appeals and references, under Direct Tax Laws. AND APPELLATE SIDE MATTERS |
Dear Sir, I seek advise. I have an appeal currently pending in Mumbai High Court in a Deemed Export related to Oil and Gas companies, where in a Project Authority Certificates are received from the Client as provided in Import Export policy of those years against International Tender.
I had received nine show cause notices, the five have been decided in my favor. I had to take up the matter up-to the PMO office. The merit was applied and justice was granted.
In last case I got permission from the department to dispatch with in few days of asking for formal permission.
Now three cases in High Court have gone through 11 courts, Co missioners, Tribunals, High Courts, Supreme Courts and is now in High court, Mumbai.
The Merit has not been applied. Instead, I have been asked to deposit 35 Lakhs, a large sum. I am a small scale unit and I do not have such money to deposit. I have already deposited Rs 700,000 as minimum required now. May I ask, when the merit is not decided, and the merit is in my favor, is it right to ask for deposits?
If I am not able to deposit 35 Lakhs, am I not entitled to merit and justice?
If the merit is denied, can the department recover money forcefully, with out applying merit?
Look forward to your suggestions?
good competent tax bench is constituted. good high court congrats.