TMI Blog2002 (10) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... refund of Rs. 2,27,964/- by the respondents. Facts giving rise to the present petition in a nutshell are as under. 2.The petitioner was directed to pay a sum of Rs. 2,27,964/- by way of duty by the Assistant Commissioner of Central Excise, Division-IV. Being aggrieved by the said order, the petitioner had filed an appeal before the Commissioner (Appeals). The said appeal filed by the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puty Commissioner of Central Excise, Division-IV on the ground that the petitioner had to make payment to the respondent authorities as there was another demand pending against the petitioner. 4.Being aggrieved by the said adjustment, the petitioner filed an appeal before the Commissioner (Appeals) on 17th January, 2000. 5.During the pendency of the appeal before the Commissioner (Appeals), th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, no amount was payable by the petitioner and, therefore, the amount of refund ought to have been paid to the petitioner by the respondent authorities. Learned advocate Shri Dinker appearing for the petitioner has submitted that for no rhyme or reason, the amount of refund is not being paid to the petitioner, and therefore the respondent authorities should be directed to pay the same with interes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... May, 2001 and interest at the rate of 9% from 11th May, 2001 till the date of payment of the refund to the petitioner. The amount of refund along with interest thereon shall be paid to the petitioner within a period of six weeks from the date of receipt of this writ or a true copy of this order by the concerned respondent. 11.The petition stands disposed of as allowed. Rule is made absolute wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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