1994 (9) TMI 95

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....view of the Judgment of the High Court, dated 31-8-1989 and made in W.A. No. 947/85 preferred to this court under clause 15 of the Letters Patent Act against the order of the Hon'ble Mr. Justice Nainar Sundaram, dated 3-8-1985 and made in the exercise of the Special Original Jurisdiction of the High Court in W.P. No. 10250 of 1985 presented to this court under Article 226 of the Constitution of In....

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....he order dated 3rd October, 1985 passed in Writ Petition 10250 of 1985. 2.In the Writ Petition, the petitioner sought for quashing the order, dated 31-7-1985 passed by the Assistant Collector of Central Excise, Madras V Division in C.No. V/14B/18/3/84 rejecting the application filed by the petitioner company for refund of the duty and additional sales tax paid. The Assistant Collector of Centra....

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....s rejected the petition for refund and that there is a right of appeal provided against that, this Court in exercise of jurisdiction under Article 226 of the Constitution can issue a writ in the nature of mandamus to refund the duty and also the additional sales tax. 5.It is necessary to find out that apart from the right of appeal, the amount has to be determined as to how much the petitioner ....