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november 2003

Supreme Court of India · 2003-11-10

Commissioner Of Central Excise, Delhi vs Frick India Ltd.

Citation / case number
AIRONLINE 2003 SC 250
Court
Supreme Court of India
Petitioner
Commissioner Of Central Excise, Delhi
Respondent
Frick India Ltd.
Bench
Doraiswamy Raju, Arijit Pasayat

Judgment text excerpt

The Supreme Court clarified its earlier stay order dated 1-3-2002 regarding the refund of a pre-deposit amount of Rupees One Crore made by the manufacturer-assessee. The Court held that the refund is permissible provided the assessee furnishes a bank guarantee from a nationalised bank, ensuring the amount remains secured until the final disposal of the appeals. The Court also ruled that no interest on the refunded amount shall be granted, modifying the Tribunal's earlier directive in this regard.

Commissioner Of Central Excise, Delhi vs Frick India Ltd. · Niyam