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T.VAIPHEI, UJJAL BHUYAN
Union of India – Appellant
Versus
Amalgamated Plantations Pvt. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: S.C. Keyal, Asstt. Solicitor General of India.

JUDGMENT AND ORDER :

Ujjal Bhuyan, J.

This petition has been filed by the Union of India and three others for review of judgment and order dated 08-11-2012 passed by this Court in WP(C) No. 1166/2012.

2. WP(C) No. 1166/2012 was filed by the respondent as the writ petitioner. The said writ petition was heard along-with another writ petition being WP(C) No. 2325/2012.

3. Question for consideration before the writ Court was the entitlement of the writ petitioner to interest under Section 11BB of the Central Excise Act, 1944 on the delayed excise duty refund by the department to the writ petitioner.

4. Writ petitioner (petitioner, hereinafter) is a company incorporated under the Companies Act, 1956, owning amongst others the Chabua Tea Estate in the district of Dibrugarh, Assam. Petitioner is engaged in the business of cultivation and manufacture of tea and tea waste, which are exigible to excise duty under Chapter 9 of the Schedule to the Central Excise Tariff Act, 1985, having central excise registration number.

5. The Central Government formulated new industrial policy in the year 1997 giving various incentives to stimulate industrial development in the North Eastern Region. Such incentiv

























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