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2016 (9) TMI 620 - CALCUTTA HIGH COURT

2016 (9) TMI 620 - CALCUTTA HIGH COURT - TMI - Refund of duty along with interest - benefit under Notification No.12/2012 - benefit under Notification No.21/2012 - an appeal from the order of the Commissioner is pending before the learned Tribunal - Held that: - The Commissioner has allowed the appeal preferred by the writ petitioner. Therefore, the revenue is liable to carry out that order. The revenue has to make payment. The learned Writ Court has directed the revenue to make such payment. It .....

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t matter of challenge is an order dated 1st July, 2016 passed by the Writ Court allowing the writ petition. The operative portion of the order impugned reads as follows: WP No.502 of 2016 is allowed by setting aside the order impugned dated May 17, 2016 insofar as it imposes a duty of ₹ 6,01,605.61 on the petitioner. Accordingly, the petitioner will be refunded the appropriate amount due to the petitioner, along with applicable interest in accordance with law, by disregarding the departmen .....

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