1998 (12) TMI 93

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....d company engaged amongst other things in manufacture of caustic soda for which it uses titanium anodes as an input. It claimed Modvat credit for Excise duty paid by it on purchase of titanium from 23-8-1986 to 29-4-1989 and refund of Rs. 43,96,116.42 on this count. The case set up was that though it had received such benefit earlier also up to 28-2-1982 pursuant to Notification No. 201/79 but it ....

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....tion 11B and that it was time barred having been filed expiry of prescribed period of 6 months. 2.Feeling aggrieved the company filed M.P. No. 599/91 seeking declaration that it was entitled to Modvat credit under Notification No. 177/86-C.E., dated 1-3-1986 and mandamus directing appellants to refund the paid excise duty. This petition was resisted by appellants primarily on the ground that co....

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...., it cannot be overlooked that respondent company had rushed to invoke writ jurisdiction of this court without exhausting the provided statutory remedies. Nor could it be washed away that forums provided by the statute were best suited to examine the grievance and resolve the dispute. It is understandable that company may have strategically chosen to take to writ remedy for its own reasons perhaps....