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2016 (5) TMI 985 - DELHI HIGH COURT

2016 (5) TMI 985 - DELHI HIGH COURT - TMI - Refund of Terminal Excise Duty (TED), which was erroneously paid to the excise department - goods were exempted absolutely vide Section 5A - Held that:- Director General of Foreign Trade (DGFT) is directed to consider the application of the writ petitioner for refund in terms of provisions of Foreign Trade Policy (FTP) 2009-2014 and pass an appropriate order in accordance with law uninfluenced by the impugned order dated 19th February, 2013. Also he is .....

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ounsel for both the parties state that the controversy raised in the present petition is squarely covered by a judgment of a Coordinate Bench of this Court passed in M/S Delton Cables Limited Vs. Union of India & Ors, W.P.(C) No.6438/2013 decided on 3rd December, 2015. The operative portion of the said judgment is reproduced hereinbelow:- 8. A similar question came up for consideration before Hon ble Division Bench of this Court in LPA No.192/2015 and LPA No.196/2015 titled as Uni .....

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the policy directed DGFT to consider the application of the writ petitioner for refund in terms of the provisions of the FTP, 2009-2014 and pass an appropriate order in accordance with law. 9. Learned counsel for both the parties have agreed that a similar direction may be issued in the present case. 10. In view of the above, the petition is disposed of with the direction that respondent No.3, DGFT will consider the application of the petitioner for refund in terms of the p .....

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