9911796707
TMI Blog2015 (12) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... [2015 (7) TMI 393 - DELHI HIGH COURT] was filed by M/s. Alstom India Ltd. claiming refund of TED which was rejected by the Director General of Foreign Trade, Ministry of Commerce and Industry. The said petition was disposed of by learned Single Judge on 11.02.2015. Thereafter, an appeal being LPA No.192/2015 was preferred. The Hon’ble Division Bench after considering the relevant provisions of the Act and the policy directed DGFT to consider the application of the writ petitioner for refund in terms of the provisions of the FTP, 2009-2014 and pass an appropriate order in accordance with law. - Petition disposed of. - W. P. (C) 6438/2013 - - - Dated:- 3-12-2015 - Ved Prakash Vaish, J. For the Petitioner : Mr. Manoj Ohri, Sr. Advoca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r generation, transportation and urban development applications. On 20.12.2004, a contract was executed between West Bengal Power Development Corporation Ltd. (Project Authority) and Bharat Heavy Electricals Ltd. (BHEL) (Project Authority) for supply of equipments and materials. A project authority certificate was issued by the West Bengal Power Development Corporation Ltd. (Project Authority). On 25th April, 2007 in an extension to the said contract, a certificate dated 05.04.2005 was issued by the project authority to the main contractor. 3. In furtherance of the aforesaid contract, numerous purchase orders were received by the petitioner from the main contractor for the said project. Accordingly, the petitioner company made supplies a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 who was the main contractor had appointed the petitioner as the sub-contractor and the name of petitioner has been mentioned in the Vendor list. Learned senior counsel for the petitioner also pointed out that Policy Relaxation Committee (PRC) had allowed the refund of TED to M/s. Gamon India Ltd. in its meeting held on 29.05.2012. The refund of TED was also allowed to M/s. Voltamp Transformers Ltd. on 10.07.2012. 6. Before examining the merits of the case, it is necessary to consider the relevant provisions of the Central Excise Act, 1944 (hereinafter referred to as the Act ). Section 5A of the Act empowers the Central Government to grant exemption from duty of excise either absolutely or subject to such conditions as may be specified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above, the petition is disposed of with the direction that respondent No.3, DGFT will consider the application of the petitioner for refund in terms of the provisions of the FTP, 2004-2009 and pass an appropriate order in accordance with law uninfluenced by the impugned order dated 12.02.2013. The respondent No.3 will also consider the order passed on 29.05.2012 in the case of M/s. Gamon India Ltd. and order dated 10.07.2012 in the case of M/s. Voltamp Transformers Ltd. The respondent No.3 shall afford an opportunity of hearing to the petitioner and pass an appropriate order expeditiously and preferably within a period of eight weeks from today in accordance with law. 11. The petition stands disposed of accordingly. No order as to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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