1991 (7) TMI 97

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....t of mandamus to direct the respondents herein to recalculate the demand of duty as against the petitioner herein in pursuance of the order of the Customs, Excise and Gold (Control) Appellate Tribunal, in Order No. E/788/90-D, dated 20-09-1990 [reported in 1991 (54) E.L.T. 82 (Tri.)], and to grant refund of excise duty and to further direct the respondents to pay interest thereon at 18% from the d....

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....r. Jayachandran, learned counsel for the Department states that the order of the Tribunal was served on the Department on 21-01-1991 and all the papers were sent to Delhi for preferring an appeal before the Supreme Court on 25-02-1991 and suggests that an appeal could have been filed in the Supreme Court. 5. Considering the limited scope of the prayer in the writ petition, I am not able to acce....

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....tains stay, I think, the Department has got a duty to consider the application of the petitioner for refund and recalculate the demand of duty as against the petitioner in pursuance of the order of CEGAT dated 20-09-1990. In view of this, a direction shall issue to the respondents to re-calculate the demand of duty as against the petitioner in pursuance of the order of the CEGAT dated 20-09-1990 a....