HANUMANT CEMENT PVT LTD Vs. U O I

JUDGEMENT

(1.) MR. Bharat Vyas, Standing counsel for Union of India accepts notice as directed by this Court.

(2.) THIS writ petition has been filed to set aside the order dated 25. 4. 2001 with a prayer to direct the respondent not to auction the assets of the petitioner concern. A further prayer was also made to permit the petitioner to pay the instalments within three years.

(3.) LEARNED Advocate General to support his contention that three years time be granted to pay all the outstanding, placed before us a Departmental Clarification, placing strong reliance upon it which is in regard to Govt. dues-Payment in instalments which stipulates that - "instructions contained in F. No. 289/10/91-CX. 9, dated 18. 3. 1991, under which the Government delegated to Principal Collectors (now Chief Commissioners), the power to grant in individual case, the facility of payment of central Excise dues in upto 12 monthly instalments, on merits. The Government have, now decided to further delegate the power to grant facility of payment of Central Excise dues upto 36 monthly instalments, on merits, to Commissioners of Central Excise, subject to payment of statutory rate of interest as provided for under Sec. 11-AA of the Central Excise Act, 1944 read with Notification No. 21/95 dated 29. 5. 95. "