1985 (3) TMI 77

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..... ecause he is covered by the respondent no. 1. 2. The respondents are served. This is petition pertaining to the duty of Handloom concession under the Khadi and other Handloom Industries Development (Additional Excise Duty on Cloth) Act, 1953. The prayers in the petition are as follow :- (A) Your Lorships will be pleased to issue a writ of mandamus or a writ in the nature of mandamus or a writ of .....

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..... xcises & Salt Act, 1944 or the provisions of the Central Excise Rules, 1944 relating to recovery cannot be invoked for the purposes of levy of Additional duty of excise under the provisions of Khadi & other Handloom Industries Development (Additional Excise Duty on Cloth) Act, 1953. (D) Your Lordships will be pleased to issue a writ of declaration or a writ in the nature of declaration or any oth .....

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..... e agitated in that petition) and declare that the proceedings at Annexures E & K are ultra vires the authority of the Central Government and they are quashed. Rule is accordingly made absolute with no orders to costs. 4. We refuse the oral application made by Mr. S.D. Shah under Art. 133 of the Constitution of India because the point is covered by the Supreme Court's judgment in the case of M/s. .....

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