9911796707
TMI Blog1991 (3) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... pay excise duty on the yarn manufactured for captive consumption. The matter was carried up to the Supreme Court and the Supreme Court decided against the petitioner mill company. During the course of the proceedings which went up to the Supreme Court, the petitioner mill company was required to furnish bank guarantee for the amount of excise duty payable by it. It is an undisputed position that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Ahmedabad, to entertain the rebate claim of the petitioner mill company and decide the same within stipulated time. Ordinarily respondent No. 2 would have no power to decide such a claim as provided under Rule 12A of Central Excise Rules, 1944. However pursuant to the order passed by this Court, respondent No. 2 decided the claim and held against the petitioner mill company. In facts of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CEGAT and the Supreme Court in his order dated March 23,1990. 2. The petitioner mill company has challenged the legality and validity of the order passed by the Assistant Collector, which is produced at Annexure C to the petition. 3. Today when the matter came up for hearing, learned counsel for the respondents stated that if the petitioners make payment of the amount of excise duty, the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 68 Ps. (Rupees six lacs ten thousand seven hundred fifty one and paise sixty eight only) on or before April 15, 1991. Thereafter the petitioners may file application for export rebate under Rule 12A of the Central Excise Rules, 1944, latest before April 30, 1991, to respondent No. 3, Assistant Collector of Central Excise (Refunds), Bombay. The petitioners shall make declaration stating that amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 to respondent No. 3. (iv) Bank guarantee filed by the petitioners shall be returned to the petitioners by the department within ten days from the payment of the amount of excise duty of rupees six lacs ten thousand seven hundred fifty one and paise sixty eight. 5. In view of the aforesaid observations and directions, the learned counsel for the petitioners seeks permission to withdraw the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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