KASHMIR VANASPATI PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall govern the disposal of writ petition No. 1151 of 1988 and No. 1417 of 1988 both titled M/s Kashmir Vanaspati Ltd. Vs. Union of India and others.

(2.) THROUGH the medium of both these petitions, the petitioner company which is engaged in the manufacture of Vanaspati, seeks quashing of the demand raised against it for the recovery of Rs.65,691.42 (in writ petition No. 1151 of 1988)and Rs 43,85 (in writ petition No. 1417 of 1988).

(3.) IT transpires from a perusal of the petitions and the submissions made by Mr. Jalali at the bar that the petitioner -company was called upon to pay the amount referred to above in each of the petitions being the recovery of the rebate of the excise duty allegedly wrongfully claimed by the petitioner -company. The recovery was sought to be made after the issuance of the show cause notice which was replied to by the petitioner company.