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.