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may 2002

Supreme Court of India · 2002-05-01

Moti Laminates (P) Ltd. vs Union Of India (Uoi)

Citation / case number
AIRONLINE 2002 SC 378
Court
Supreme Court of India
Petitioner
Moti Laminates (P) Ltd.
Respondent
Union Of India (Uoi)
Bench
S.P. Bharucha, N. Santosh Hegde, Shivaraj V. Patil

Judgment text excerpt

The Supreme Court addressed whether a refund of excise duty granted by a High Court judgment should be denied because a subsequent, unconnected appeal on an identical legal issue was decided against the assessee. The Court held that since the High Court judgment in the present case had become final due to the Revenue's failure to challenge it in time, the assessee is entitled to the refund. It further distinguished the ruling in Shenoy & Co., noting that the specific facts regarding the nature of the High Court's mandamus did not apply here.

Moti Laminates (P) Ltd. vs Union Of India (Uoi) · Niyam