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2015 (12) TMI 1884

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..... fending the same, a counter affidavit is also filed, now, the learned counsel appearing for the petitioner has submitted that, it would be suffice, if a direction is issued to the respondent to adjudicate the issue, which culminated in the issuance of show cause notice, dated 09.02.2000 alone, after affording due opportunity to the petitioner to fortify its case. Insofar as the claim made by the p .....

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..... 2015, dated 06.08.2015, passed by the respondent herein, and consequently, to direct the respondent to dispose of the application for refund, dated 30.11.1998, in accordance with law. 2. The petitioner-Company is a manufacturer of P or P medicaments, falling under Chapter 30 of the Central Excise Tariff Act, 1985, duly registered with the excise authorities. The case of the petitioner is that t .....

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..... remand the same by order, dated 05.01.2000, for fresh consideration. Pursuant to the same, a show cause notice, dated 09.02.2000 was issued, for which, the petitioner sought personal hearing by letter, dated 22.07.2000, followed by various reminders. Without adjudicating the issue related to the said notice, dated 09.02.2000, the impugned order came to be passed, against which, the petitioner is b .....

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..... ng affidavit today, specifically stating that they will not claim the statutory interest payable on the refund, subject to the sanction of refund to the petitioner by the respondent. 5. The above said undertaking affidavit is placed on record. Considering the aforesaid submissions made by the learned counsel appearing for the petitioner as well as the affidavit filed, this Writ Petition is disp .....

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