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M/S.SDF INDUSTRIES LIMITED, SDF HOUSE versus COMMISSIONER OF EXCISE

High Court of Kerala

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M/S.SDF INDUSTRIES LIMITED, SDF HOUSE v. COMMISSIONER OF EXCISE - WP(C) No. 22741 of 2004(G) [2007] RD-KL 14045 (25 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22741 of 2004(G)

1. M/S.SDF INDUSTRIES LIMITED, SDF HOUSE,
... Petitioner

Vs

1. COMMISSIONER OF EXCISE,
... Respondent

2. CIRCLE INSPECTOR OF EXCISE,

3. ACCOUNTANT GENERAL (KERALA),

4. STATE OF KERALA, REPRESENTED BY ITS

For Petitioner :SRI.A.P.CHANDRASEKHARAN (SR.)

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :25/07/2007

O R D E R

KURIAN JOSEPH , J


==================================
W.P.(C) NO. 22741 OF 2004
==================================

Dated this the 25th day of July, 2007.



JUDGMENT

The challenge is on Ext.P5 order with regard to the establishment charges. It is seen from Ext.R1(a) order that the sanctioned strength to be maintained at the premises by the Excise Department is only five. Therefore, the liability of the petitioner is only to meet the expenses for the sanctioned strength. In case the department needed any additional staff there should have been appropriate orders from the Government. Since there is no such order, liability is only for meeting expenses for the sanctioned strength. The impugned order is hence set aside directing the 1st respondent to issue fresh orders in respect of the expenses for the sanctioned strength as per Annexure R1(a). This shall be done within a period of four months from the date of production of a copy of this judgment. In case any amounts are to be refunded to the petitioner, the same shall also be done within another one month. The writ petition is disposed of accordingly.

KURIAN JOSEPH, JUDGE.

rv


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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