1995 (2) TMI 81

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.... disposal. 2. The writ petition is for the issue of a writ of certiorarified mandamus to quash the order of the third respondent, dated 31-1-1992 and that of the second respondent, dated 14-2-1992 and to forbear the respondents from demanding interest from the petitioner on the payment  of the differential excise duty in instalments.  The petitioner Company is manufacturing cement.&nb....

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....passed, it transpires  that  the  petitioner  was  paying  the  said  balance  amount  of Rs. 48,42,038.71 in instalments at the rate of Rupees Five lakhs per month.  The respondents have now chosen, by the impugned orders, to claim interest for the differential amount at the rate of 17.50 per cent.  The argument is that there is no statu....

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....nterest.  I asked the counsel whether there was any order permitting the  petitioner to pay the differential amount  in instalments, and whether such an order prescribed the payment of interest.  It is now made clear that there was no such order and consequently it cannot be argued that at the time of granting permission to pay the amount in instalments it was made clear that t....