1993 (12) TMI 70

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..... goods, excise duty was levied on its manufacture and was collected by the respondents under Rule 8 of the Central Excise and Salt Rules, 1944. The Central Govt. issued an exemption Notification No. 146/74/F. No. 14/22/74/CX I, dated 12-10-1974, providing for certain excise duty rebate on excess production in the sugar year 1974-75 which was in excess of average production of the corresponding peri .....

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..... e aforesaid order in Writ Petition No. 644 of 1980 before this Court. The writ petition was ultimately allowed and the impugned order dated 13-4-1978 was quashed with the direction to the Supdt., Central Excise to dispose of the petitioner's application under a fresh order in accordance with law and in the light of the interpretation placed by the Bench on Clause (2) of the Notification dt. 12-10- .....

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..... ther refund/rebate due to the petitioner for the said period and whatever was due to them, had already been sanctioned and paid. From the perusal of the entire order we find that there is nothing to indicate that the Supdt., Central Excise has considered the matter in accordance with the directions of this Court and has calculated the average production of the corresponding period of the preceding .....

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..... e out from the impugned order passed by the Supdt., Central Excise and we do not think it necessary to consider the explanation which is now being furnished in the present circumstances. Apart from that, the direction of this Court was very clear inasmuch as, the Supdt., Central Excise was directed to first find out the average production of the petitioner and, thereafter, to determine the amount .....

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..... this Court dated 4th February, 1991 and in the light of the observations made above. 6. Since the matter is pending since 1992, it would be desirable that respondent No. 2 is directed to decide the case within a period of three months from the date of presentation of a certified copy of this order before the said respondent. There shall be no order as to costs. - - TaxTMI - TMITax - Central .....

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