1999 (11) TMI 83

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er Article 226 of Constitution of India, the petitioner is aggrieved of the omission of respondent No. 1 to redetermine the actual production of excisable goods in petitioner's factory in terms of Section 3A(4) of Central Excise Act, 1944 and the insistence of the respondents for payment of duty in terms of earlier determination, which does not legally survive. 2. We have heard Shri Pankaj Bhat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ainst the said order before the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi and the said appeal was allowed by the Tribunal vide order dated 26-5-1998, whereby the Tribunal set aside the Commissioner's order and remanded the matter back to him for a fresh determination, after providing the tax payer an opportunity to be heard in person. The Commissioner then passed a fresh ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the respondents are insisting on the payment of duty in accordance with the earlier determination communicated to the petitioner vide a letter dated 30-9-1999; although the said determination has been set aside by the Tribunal and no determination is in existence. It is claimed that the respondent No. 2 visited the petitioner's factory and threatened to take coercive steps for the realisation of ....