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2017 DIGILAW 396 (GAU)

Jal Coke Company v. Union of India through the Secretary, Ministry of Finance (Department of Revenue)

2017-03-29

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT AND ORDER : Ajit Singh, J. The common grievance in these petitions is partial withholding of the refundable excise duty for the petitioners, in terms of court’s judgments and specific interim orders passed by the Supreme Court. 2. The learned Senior Counsel for the petitioners has stated that a bunch of similar petitions including WP(C) No.269/2016 has been disposed of vide judgment and order dated 1.12.2016 and therefore, even these petitions be also disposed of particularly in terms of paragraph 23 of that judgment and order. 3. To this prayer, learned Central Government Standing Counsel has fairly agreed. 4. Paragraph 23 of judgment and order dated 1.12.2016 passed in a bunch of petitions by a Division Bench of this Court reads as under:- “23. Following the above, by virtue of the interim order operating in all these cases, the respondent authorities are ordered to disburse 50% of the withheld segment of the refundable amount, to the units subject to furnishing of solvent surety by those units. Such interim refund or the entitlement to receive the balance 50% of the withheld sum, will abide by the final decision of the Hon’ble Supreme Court in the pending challenge of the Central Government in SLP(C) No.11878/2015 and other related cases. It is ordered accordingly.” 5. The present petitions are accordingly disposed of in terms of above quoted paragraph 23 of judgment and order dated 1.12.2016.