Supreme Court of India · 2001-11-07
Srf Limited vs Assistant Collector Of Central Excise, ...
- Citation / case number
- AIR 2002 SUPREME COURT 98
- Court
- Supreme Court of India
- Petitioner
- Srf Limited
- Respondent
- Assistant Collector Of Central Excise, ...
- Bench
- Chief Justice, Brijesh Kumar
Judgment text excerpt
The Supreme Court ruled that the appellant's claim for refund of excise duty paid on Resorcinol Formaldehyde solution was governed by Section 11-B of the Central Excise and Salt Act, 1944, which was amended to include provisions that required the appellant to prove that the duty had not been passed on to consumers. The Court upheld the decision to credit the refund amount to the consumer welfare fund under Section 12-C, affirming that the appellant's argument regarding the RF solution not being 'goods' was previously settled in favor of the appellant by the Tribunal. The Court concluded that the refund claim was properly denied based on the amended provisions of the Act.