1995 (11) TMI 112

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....titioner company has filed this writ petition whereby the order dated 9-11-95 passed by the Commissioner, Central Excise (Appeals) is being challenged by which petition filed under the proviso to Section 35-F of the Central Excises and Salt Act, 1944 was rejected. The appeal is still pending for disposal before the concerned Commissioner. 2. In the appeal, the Company has challenged the order d....

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....tioner, that inspite of recovery of the amount of duty as ascertained by the Assistant Commissioner Central Excise, this Court should hear this petition and direct the respondents to refund the amount. After the demands were raised by the competent authority, it could be realised from the Company unless a stay is granted by the Appellate Authority or Tribunal. In the instant case, after dismissal ....