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Allahabad High Court

Meghdoot Gram Udyog, Seva Sansthan ... vs The Commissioner Central Excise, ... on 16 July, 2010

Author: Devi Prasad Singh

Bench: Devi Prasad Singh, Yogesh Chandra Gupta

Court No. - 27

Case :- FIRST APPEAL FROM ORDER No. - 841 of 2010

Petitioner :- Meghdoot Gram Udyog, Seva Sansthan Aliganj Lucknow
Respondent :- The Commissioner Central Excise, Lucknow
Petitioner Counsel :- Sheelendra Kumar

Hon'ble Devi Prasad Singh,J.

Hon'ble Yogesh Chandra Gupta,J.

The appeal is admitted on the following substantial questions of law:-

(1) Whether it shall be unjust enrichment even if the duty is paid under protest informing the dealers explaining the reasons of deduction? (2) Whether the Tribunal has committed substantial illegality by not considering the principles of law reported in 2006 (10) SCC, 129- C.C.E. Vs Panhihati Rubber Ltd.

Sri Rajesh Singh Chauhan has filed memo of appearance on behalf of respondent No. 1, hence it is not necessary to issue notice. Order Date :- 16.7.2010 Zh