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Supreme Court - Daily Orders

C.C.E Jaipur I vs M/S. Sand Dune Construction Pvt. Ltd. on 18 September, 2017

Bench: Ranjan Gogoi, Navin Sinha

                                                         1


                                       IN THE SUPREME COURT OF INDIA
                                       CIVIL APPELLATE JURISDICTION


                                   CIVIL APPEAL NOS.              OF 2017
                                          (Diary No.24308 of 2017)


                         COMMISSIONER OF CENTRAL EXCISE
                         JAIPUR-I                                          ...APPELLANT(S)

                                                       VERSUS

                         M/S. SAND DUNE CONSTRUCTION PVT. LTD.         ...RESPONDENT(S)



                                                       O R D E R

1. Heard Shri Ranjit Kumar, learned Solicitor General appearing for the appellant and perused the relevant material.

2. Delay condoned.

3. The issue arising in the present appeal(s) is already pending in Civil Appeal No.5690 of 2012. The revenue implication in the present appeal(s) is nil. The refund of Rs.11,38,224/- found due to the assessee has been directed to be deposited in the Consumer Welfare Fund on the ground that refund of the Signature Not Verified amount will result in unjust enrichment to the Digitally signed by NEETU KHAJURIA Date: 2017.09.19 16:58:33 IST Reason: assessee.

2

4. In view of the above facts, we do not consider it necessary to entertain the present appeal(s). The civil appeal(s) are accordingly disposed of keeping the question of law open to be considered in the pending appeal i.e. Civil Appeal No.5690 of 2012.

....................,J.

(RANJAN GOGOI) ....................,J.

                                   (NAVIN SINHA)
NEW DELHI
18 SEPTEMBER, 2017
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ITEM NO.25                  COURT NO.3                  SECTION XIV

                 S U P R E M E C O U R T O F        I N D I A
                         RECORD OF PROCEEDINGS

              CIVIL APPEAL NO.                       OF 2017
                    Diary No(s). 24308/2017

C.C.E JAIPUR I                                           Petitioner(s)

                                   VERSUS

M/S. SAND DUNE CONSTRUCTION PVT. LTD.                    Respondent(s)

( IA No.87087/2017-CONDONATION OF DELAY IN FILING and IA No.87092/2017-EX-PARTE STAY) Date : 18-09-2017 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Ranjit Kumar, SG Mr. Rajiv Nanda, Adv.
Mr. Ritesh Kumar, Adv. Mr. B. Krishna Prasad, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
The appeal(s) are disposed of in terms of the signed order.
(NEETU KHAJURIA) (ASHA SONI) COURT MASTER BRANCH OFFICER (Signed order is placed on the file.)