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An interim stay has been granted by the Madurai bench of the Madras High Court on its single judge order of 28th October. This has worked in the favour of V. V. Minerals, said to be the country's largest manufacturer and exporter of garnet and ilmenite. The commissioner of Excise duty won’t be able to collect Rs. 76.67 crore from the company, as Central Excise from 2011 to 2014. The Commissioner challenged this move by filing a writ appeal before the division bench of Justices V Ramasubramanian and N Kirubakaran.
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VV Minerals Satisfied With Court Order
An interim stay has been granted by the Madurai bench of the Madras High Court on its single judge order of 28th October. This has worked in the favour of V. V. Minerals, said to be the country's largest manufacturer and exporter of garnet and ilmenite. The commissioner of Excise duty won’t be able to collect Rs. 76.67 crore from the company, as Central Excise from 2011 to 2014. The Commissioner challenged this move by filing a writ appeal before the division bench of Justices V Ramasubramanian and N Kirubakaran. http://vvmineralblog.wordpress.com
A writ appeal filed by the commissioner of central excise challenging the order had come up before the division bench. http://vvmineral.wordpress.com
A show cause notice was issued by the commissioner of central excise on 26th December, 2014. The notice required V. V. Minerals India to answer why it should be exempted the duty for the minerals. The company aptly challenged this notice by moving to high court bench. V. V. Minerals claimed that extracting minerals from sand technically falls under the category of ‘mines’, thus defending that the minerals were supposed to be exempted from excise duty. http://vvmineralmining.wordpress.com
The company wasn’t provided with all the documents required to help the firm give an effective reply. The bench dismissed it by directing the commissioner to provide documents relied on in the show cause notice to enable the firm to give an effective reply. The company approached the court again alleging that the office did not give it all the documents. Justice S Vaidyanathan asked the excise office to provide the documents. After studying the matter, Justice T Raja passed an order on October 28 where the commissioner was asked to decide the exemption. http://vvmineral-mining.blogspot.in
Following the hearing, the division bench said there should be an interim stay on the order passed on October 28 and adjourned the hearing. http://vvmineralmining.blogspot.in
Here Is The Times OF India (TOI) Link For More Details Link: http://timesofindia.indiatimes.com/city/madurai/Order-barring-collection-of-77cr-excise-duty-from-firm-stayed/articleshow/50319178.cms http://vvmineral.wordpress.com
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