1994 (9) TMI 95

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..... nd made in W.A. No. 947/85 preferred to this court under clause 15 of the Letters Patent Act against the order of the Hon'ble Mr. Justice Nainar Sundaram, dated 3-8-1985 and made in the exercise of the Special Original Jurisdiction of the High Court in W.P. No. 10250 of 1985 presented to this court under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, calling f .....

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..... 250 of 1985. 2.In the Writ Petition, the petitioner sought for quashing the order, dated 31-7-1985 passed by the Assistant Collector of Central Excise, Madras V Division in C.No. V/14B/18/3/84 rejecting the application filed by the petitioner company for refund of the duty and additional sales tax paid. The Assistant Collector of Central Excise examined the case on merits and rejected the same o .....

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..... f appeal provided against that, this Court in exercise of jurisdiction under Article 226 of the Constitution can issue a writ in the nature of mandamus to refund the duty and also the additional sales tax. 5.It is necessary to find out that apart from the right of appeal, the amount has to be determined as to how much the petitioner is entitled to by way of refund. All these questions can be dec .....

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