POLYOLEFINS RUBBER CHEMICALS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition was initially filed in the year 1987 by the Mafatlal Spinning & Manufacturing Company Ltd. with its registered office at Bombay and having a factory and chemical division in the name and style of Navin Flourine Industries at Besthan in Surat district. After its amalgamation with the Mafatlal Industries Ltd. in 1993, it has demerged w.e.f. 1.3.2002 into the Polyolefins Rubbers Chemicals Ltd. (PRCL).

(2.) The facts leading to filing of this petition, briefly stated, are as under:-

(3.) While permitting amendment of the petition to challenge the said order dated 31.8.1992 confirming the demand of Rs.12,56,977-64 plus Rs.28,33,994-83, total Rs.40,90,972-47 as erroneously refunded to the petitioner under Section 11A of the Act, this Court required the petitioner to deposit an amount of Rs.12 lakhs and granted interim stay against recovery of the balance amount. Affidavit-in-reply has been filed by the Deputy Collector of Central Excise, Division-I, Surat-I opposing the petition.