INDIAN RECORD MANUFACTURING COMPANY Vs. UNION OF INDIA
LAWS(CAL)-2008-1-57
HIGH COURT OF CALCUTTA
Decided on January 15,2008

INDIAN RECORD MANUFACTURING COMPANY Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) I have taken up this writ petition for disposal in presence of the learned advocate for the petitioners and the learned advocate for the p. F. Authority.
(2.) THE main grievance of the writ petitioner is that the authority concerned did not apply its mind to calculate the interest component which is legally payable by the petitioners under Section 7 (q) of the Act and the authority concerned also did not take into account the excess amount paid by the petitioner while determining the interest component payable by the petitioner.
(3.) THE learned advocate appearing for the petitioner submits that although Section itself does not provide for any application of judicial mind, while computing the interest amount payable by a person under the Act, law demands that since the amount is the subject matter of objective satisfaction of the authority concerned, the authority must take into account all the applicable parameters which shall be produced by the person concerned, while computing the interest amount, because Section 7 (q) of the Act creates a legal liability and it is needless to say that legal liability must be ascertained subject to the documents and evidence produced before the authority concerned.;


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