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2011 Supreme(Cal) 1077

B.BHATTACHARYA, SAMBUDDHA CHAKRABARTI
Madura Coats Pvt. Ltd. – Appellant
Versus
Commissioner Of Central Excise – Respondent


Advocates Appeared:
J.P.Khaitan, Partha Banerjee, Sanjoy Bhowmick, N.C.Roy Chaudhary, K.K.Maiti
Referred Judgements : Commissioner Of Central Excise Vs. Itc Limited , 2005 179 ELT 15

JUDGMENT

Bhaskar Bhattacharya, J.

1. THIS appeal under Section 35G of the Central Excise Act, 1944 (Act) is at the instance of an assessee and is directed against an order dated June 15, 2007, passed by the Customs, Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata, in Excise Appeal bearing No.EDM-641/2006 thereby partly allowing the appeal of the appellant by directing refund of Rs.14.98 crore which was earlier deposited by the appellant by virtue of the orders passed by the Tribunal and the Honble Supreme Court. The Tribunal, however, did not enter into the question of interest claimed by the appellant on the ground that the refund was allowed by the Tribunal on that very date. Being dissatisfied, the importer has preferred the present appeal before this Court.

2. THE facts leading to filing of the present appeal may be summed up thus:

a) THE appellant manufactured during the material period, namely, 1988 to 1992, inter alia, grey tyre cord fabrics on job work basis for M/s. Dunlop (I) Ltd., out of yarn supplied by the said customer. THE appellant completely stopped the said activity in the year 1993 and consequently, M/s. Dunlop India Ltd. had ceased to be the




























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