1989 (3) TMI 144

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....Reddy, J]. - Coromandal Fertilizers Limited are the petitioners in this writ petition and seek a writ of Mandamus directing the respondents viz., the Government of India and the Customs authorities, to refund to the petitioner in cash or by a cheque an amount of Rs. 38,67,996.67. 2. The matter arose under the following circumstances : The petitioner carries on the business of manufacture of ....

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....e date of the application made by the petitioner. This controversy was sought to be resolved by filing appeal/revision, the details of which may not be necessary for the purpose of this case. However, ultimately, the petitioner paid the full amount on the finished product inasmuch as the petitioner was not permitted to avail the benefit of proforma-credit. Thereafter, the petitioner applied for re....

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....vi)(d) of the Rules i.e., no credit shall be refunded in cash or by cheque, and directed the petitioner to take credit in R.G. 23, Part-II account. This order was challenged by the petitioner before the Collector. The Collector remanded the matter to the Assistant Collector. Questioning the remand order, the petitioner filed an appeal before the Customs, Excise and Gold (Control) Appellate Tribuna....

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....ts are under legal obligation to refund the amount as claimed by the petitioner. 4. The learned Standing Counsel for the Central Government, however, submits that the amount can be adjusted in R.G. 23, Part-II account. The learned Counsel for the petitioner submits that there is no such account now in respect of finished goods, in this case, because no duty is leviable, since 1980, either on ra....