2001 (5) TMI 65

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....epts notice as directed by this Court. 2.This writ petition has been filed to set aside the order dated 25-4-2001 with a prayer to direct the respondent not to auction the assets of the petitioner concern. A further prayer was also made to permit the petitioner to pay the instalments within three years. 3.According to the learned counsel for the petitioner, they had prepared a comparative ch....

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....the petitioner is not given three years time to pay the amounts due in instalments it would be impossible for the petitioner company to make the payment of Rs. 31 lacs in a year's time. 6.Learned Advocate General further submits that the petitioner company has employed more than 100 employees in a Mini Cement Plant situated in backward area and in case the instalments are not fixed for 3 years ....

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....ty of payment of Central Excise dues in upto 12 monthly instalments, on merits. The Government have, now decided to further delegate the power to grant facility of payment of Central Excise dues upto 36 monthly instalments, on merits, to Commissioners of Central Excise, subject to payment of statutory rate of interest as provided for under Section 11AA of the Central Excise Act, 1944 read with Not....

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....ndents are charging interest on the balance amount also at the rate of 21% per annum, which is the rate mentioned in Section 11AA, so, if the number of instalments is increased, the respondent, in our opinion, would not be put to any inconvenience or hardship. 10.In the above circumstances, we, therefore, grant 16 instalments to the petitioner company to pay the entire outstanding amount includ....