LAWS(RAJ)-2008-3-88

SHREE RAJASTHAN TEXCHEM LTD Vs. UNION OF INDIA

Decided On March 26, 2008
Shree Rajasthan Texchem Ltd Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS bunch of appeals involve common question of law, being as under: Whether in the facts and circumstances of the case, the Tribunal was right in coming to the conclusion that under Section 112(2)(b) of the Finance Act, 2000 interest can be levied even without there being adjudication of show cause notice, which are pending decision at the time of commencement of the aforesaid provision?

(2.) IT may just by the way be mentioned, that in four appeals, being No. 6/03, 5/03, 4/03 and 3/03 one additional question is also involved, and framed, being as to whether interest could be levied if at all only uptill 25.10.2000, the date on which the cheque was presented in the Bank.

(3.) WE think it appropriate to give brief resume of the facts giving rise to the present controversy.