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2011 (8) TMI 931

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..... t of the parties, the appeal is heard finally at this stage. 2. By filing this writ petition under Article 226/227 of the Constitution of India, the petitioner seeks to challenge the order dated 5-3-2010 bearing No. 195/279/07-RA-CX passed by Government of India, Ministry of Finance (Department of Revenue) (Annex. P/10) to this petition. 3. Brief facts necessary for the disposal of thi .....

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..... 33, dated 14-12-2004 and therefore, there is no infirmity in the impugned order-in-appeal and the same is upheld." 5. It is against this order, as stated supra, the writ petition has felt aggrieved and filed this writ petition under Article 226/227 of the Constitution of India. Notice of this petition was served upon the respondents i.e. Ministry of Finance and Commissioner of Excise. They a .....

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..... -12-2009 (Annex. P/9) had submitted additional documents in relation to the proof of export of the material which was subject matter of the controversy. It was the case of the writ petitioner that if these additional documents had been taken into consideration, then it would have proved that petitioner had exported the goods in question thereby entitling them to get certain benefits available to t .....

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..... o the revisional authority with a direction to the revisional authority to hear and decide the revision after taking into consideration the documents filed by the petitioner along with their letter dated 24-11-2009 to prove factum of export if they claim to have executed and which is subject matter of the controversy. 9. We are satisfied that petitioner did dispatch and send these documents .....

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..... addition to the one filed along with their letter dated 24-11-2009 in support of their case and then finding be given as to whether the petitioner has been able to prove the proof of export in respect of ARE-1 No. 433 dated 14-12-2004 or not thereby entitling them to seek benefits available to them under the Act as claimed by them in connection with the export in question. The revision shall be de .....

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