2014 (3) TMI 1061

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....ern region. Various Notifications, vide Nos. 32/99-CE, 33/99-CE, 8/2004 and 28/2004 r/w Section 72 of the Finance Act, 2011, were issued by the Central Government granting certain benefits of refund of excise duty to the assessees in case they made investments in the North-eastern States and used the amount refunded for purchase of plant, machinery etc. The scheme was to end on 31st December, 2012. As per the terms of the scheme the Investment Appraisal Committee comprising of one official of the Revenue Authority along with one representative of the State Government concerned was to verify on or before 31st December, 2012 whether in fact the assessee had utilized the amount of excise refunded to it for the purposes which were provided fo....

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....h the notifications referred to in our earlier order. Counter has been filed by the Union of India and the stand of the Union of India is that since the scheme came to an end on 31st December 2012, there is no statutory provision now for constitution of any Committee to make the assessment. Mr. Biswas is right, that technically the time is over. However, as already indicated in our earlier order, somebody must assess whether the investments made by the assessee were done in accordance with law and whether it is actually entitled to the benefit of the earlier notification. This question is definitely a question of fact which cannot be decided by this Court. There is no statutory body or authority which can decide this question. No doubt,....

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.... the Apex Court and the SLP has been dismissed in the following terms :- "Upon hearing the learned counsel and upon perusal of the impugned judgment, we do not see any reason to interfere with the impugned order. However, we direct that the Investment Appraisal Committee shall conclude its work within three months from today and shall give its findings. If the findings of the Investment Appraisal Committee are against the concerned units, which have been given the incentive, the amount of incentive so given shall be recovered within six months thereafter in accordance with law. The learned counsel appearing for the States of Assam and Tripura have assured this Court that they shall extend their cooperation to the Investment Appraisal ....