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1986 Supreme(Cal) 197

A.K.SENGUPTA
GONTERMAN PEIPERS (INDIA) LIMITED – Appellant
Versus
ADDITIONAL SECRETARY TO THE GOVERNMENT OF INDIA – Respondent


Advocates Appeared:
A.K.DEY, AMJAD ALI, N.C.ROY CHAUDHARY, R.N.BAJORIA, S.K.Bajoria

AJIT KUMAR SENGUPTA, J.

( 1 ) IN this application under Article 226 of the Constitution the petitioner has challenged a show cause notice dated 10th September, 1981 issued by the Additional Secretary, Government of India under Section 36 (2) of the Central Excises and Salt Act, 1944 for revising the order passed by the Appellate Collector of Central Excise dated 30th April, 1981. The notice dated 27th November, 1981 has called upon the petitioner to pay duty at the rate of 8% under item 68 of the Central Excise Tariff. The facts leading to the issuance of the said impugned notice are stated briefly hereafter.

( 2 ) THE petitioner manufactures cast iron rolls and cast steel rolls. Central Excise duty under the Central Excises and Salt Act, 1944 (hereinafter referred to as the said Act) was at all material times leviable on the manufacture of the said Cast Iron Rolls and Cast Steel Rolls under. Item Nos. 25 and 26aa. respectively of the First Schedule to the said Act. The duty leviable under the said Act was exempted from time to time either wholly or in part under the various notifications issued under the provisions of the Central Excise Rules, 1944 (hereinafter referred to as th

































































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