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2001 Supreme(Cal) 286

KALYAN JYOTI SENGUPTA
IFGL REFRACTORIES LTD. – Appellant
Versus
JOINT DIRECTOR GENERAL OF FOREIGN TRADE – Respondent


Advocates Appeared:
BANERJI, ROY CHAUDHARY

KALYAN JYOTI SENGUPTA,J.

( 1 ) IN this writ petition the petitioner has challenged the order dated 4th October, 1999 and also prayed for refund of terminal Excise Duty in accordance with the relevant provisions of the Import Policy and the Hand Book and to refund a sum of Rs. 84,91,806/- together with interest @ 24% per annum of the date of filing the claim. The order, which is under challenge, was passed by the Director General of Foreign Trade pursuant to previous order passed by this Court in the Writ Petition being No. 1576 of 1999.

( 2 ) THE short fact of the case which led to the order being passed by this Court previously is as follows :-The petitioner manufactures various items such as Tundish Nozzle, Tundish Shroud etc. , which are refractory items used by the Vishakhapatnam Steel Plant (in short VSP) in the manufacture of steel products, which thereafter are exported abroad. VSP being an exporter is the holder of Advance Licence issued by the Director General of Foreign Trade (hereinafter referred to as DGFT) on the strength of which it can import various specified items including refractory items from abroad free of Customs Duty. Instead of importing such items from ab




































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