SOUMITRA SAIKIA
M. K. Jokai Agri Plantations (P) Ltd. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Soumitra Saikia, J.
1. The present writ petition has been filed by the petitioners challenging the order-in-original no. 28/R/11B/DIV/DIB/ACD/18-19 dated 31.12.2018 passed by Deputy Commissioner, Central GST Division, Dibrugarh, Assam, whereby the claim of petitioners for interest delayed refund of Central Excise duty paid as per Notification No. 33/99-"CE dated 08.07.1999 has been rejected in contravention to the law laid down in the Judgment of this Hon'ble Court rendered in the case of "Amalgamated Plantations Limited", wherein this court held that the interest on delayed refund is payable by the Central Excise department as per Notification No. 32/99-CE and 33/99-CE dated:-08.07.1999.
2. The facts necessary and essential in the present proceedings are that the petitioner no. 1 company is incorporated under the Companies Act, 1956 having its registered office at "VRAJ", 62/13, Promotesh Baruah, Sarani, Kolkata-700019, West Bengal. The petitioner No. 2 is the Muttuck Tea Estate which used to be under the ownership of the M/S. Hindustan Lever Limited and thereafter under M/S. Rossell Industries Limited. Ultimately, the Tea Estate came to be under the ownership of the petit
Ram Bai Vs. Commissioner of Income Tax (1999) 3 SCC 30
Amalgamated Plantations (P) Ltd. Vs. Union of India (2013) 2 GauLR 732
Union of India Vs. Amalgamated Plantations (P) Ltd. (2016) 5 GauLR 403
Keshaviji Ravji and Co. and Ors. Vs. Commissioner of Income Tax (1990) 2 SCC 231
Hindustan Aeronautics Ltd. Vs. Commissioner of Income Tax
Bengal Iron Corporation and another Vs. Commercial Tax Officer and ors. 1994 Supp1 SCC 310
Commissioner of Custom (import) Vs. Dilip Kumar and Company reported in (2018) 9 SCC 1
Union of India v. CTO, AIR 1956 SC 202]
Ranbaxy Laboratories Ltd. Vs. Union of India reported in (2011) 10 SCC 292
Ram Bai Vs. Commissioner of Income Tax reported in (1999) 3 SCC 30
CWT v. Officer-in-Charge (Court of Wards) (1976) 3 SCC 864: 1976 SCC (Tax) 411: (1976) 105 ITR 133]
Hindustan Aeronautics Ltd. v. CIT
Navnit Lal C. Javeri v. K.K. Sen (1965) 56 ITR 198: AIR 1965 SC 198]
Ellerman Lines Ltd. v. CIT: (1972) 4 SCC 474: 1974 SCC (Tax) 304: (1971) 82 ITR 913]
K.P. Varghese v. ITO: (1981) 4 SCC 173: 1981 SCC (Tax) 293: (1981) 131 ITR 597]
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