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march 1984

Supreme Court of India · 1984-03-14

SHRI VALLABH GLASS WORKS LTD. & OTHERS vs UNION OF INDIA & OTHERS

Citation / case number
SC 1987/71063
Court
Supreme Court of India
Petitioner
SHRI VALLABH GLASS WORKS LTD. & OTHERS
Respondent
UNION OF INDIA & OTHERS
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the appellants were entitled to claim a refund of excess excise duty paid prior to February 20, 1976, under Section 72 of the Indian Contract Act, 1872, as the limitation period for such claims is governed by Article 113 of the Limitation Act, 1963. The Court clarified that the limitation period does not commence until the mistake is discovered. The High Court's decision to allow the refund for the period after February 20, 1976, was upheld, while the claim for the period before this date was also recognized as valid, thus partially allowing the appeal.

SHRI VALLABH GLASS WORKS LTD. & OTHERS vs UNION OF INDIA & OTHERS · Niyam