V.N. Khare,J. - (1.)This appeal has been preferred against the judgment of a learned Single Judge dismissing a Writ application being CO. No. 6202 (W) of 1992. The facts in brief are as follows:
(2.)I.T.C. Ltd., (hereinafter referred to as 'the company') has been manufacturing cigarettes in India since 1911. The Appellant No. 2 is one of its shareholders. The excise duty is payable on the manufacture of cigarettes under the Central Excise and Salt Act, 1944 (called 'the Act' for brevity) at the prescribed rates read with the relevant Exemption Notification in force issued under Rule 8 of the Central Excise Rules, 1944. (Called 'the Rules' for short).
(3.)Between March 1, 1983 and February 28, 1987, excise duty was payable on cigarettes at the rates as specified by means of different notifications issued under Rule 8 of the Rules. The Appellant Company alleged, that excise duty on the cigarettes manufactured by it during the period aforesaid had been paid up. The aggregate amount paid by the Appellant Company during the said period was Rs. 2441 crores.
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