Ms. Pragya Awasthi, Advs. for respondent/Alstom
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE JAYANT NATH
MS. G. ROHINI, CHIEF JUSTICE:
1. These matters being inter-linked are heard together and disposed
of by this common judgment.
2. The respondent in both the appeals, i.e. M/s Alstom India
Limited is a company engaged in setting up of Power Plants including
project engineering, procurement, construction and commissioning for
its customers and supply of goods to various contractors and project
authorities. The said company (hereinafter referred to as „the writ
petitioner‟) filed W.P. No. 1331/2015 pleading that M/s National
Thermal Power Corporation (NTPC) which is engaged in the project
of setting up a Super Thermal Power Projectin the State of Bihar
awarded a contract to BHEL for the supply of steam generated package
by following the procedure of International Competitive Bidding
(ICB) and that the writ petitioner being a sub-contractor of BHEL
supplied boiler components during the period from 23.09.2010 to
31.01.2011 to NTPC on payment of Terminal Excise Duty (TED).
According to the writ petitioner, the goods so supplied against ICB are
exempted from duty of excise and therefore an application was made
for refund of TED. Alleging that the said claim was erroneously
rejected by the Director General of Foreign Trade (DGFT), Ministry of
Commerce & Industry, the writ petitioner filed W.P. No.1331/2015.
The said writ petition was disposed of by the learned Single Judge by
order dated 11.02.2015 with a direction to DGFT to pass a suitable
order within two weeks in the light of the observations made therein.
Source: Indian Kanoon