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september 2006

Supreme Court of India · 2006-09-08

COMMNR. OF CENTRAL EXCISE, CALCUTTA vs M/S. PANIHATI RUBBER LTD.

Citation / case number
SC 2004/16474
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, CALCUTTA
Respondent
M/S. PANIHATI RUBBER LTD.
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of unjust enrichment under the Central Excise and Salt Act, 1944, specifically considering whether excise duty was included in the price of goods supplied to the Indian Railways. The Court upheld the Tribunal's finding that the contract prices were inclusive of excise duty, thereby rejecting the claim for refund based on unjust enrichment principles. The judgment clarified that if the price is inclusive of duties, the manufacturer cannot claim a refund of excise duty paid under protest.

COMMNR. OF CENTRAL EXCISE, CALCUTTA vs M/S. PANIHATI RUBBER LTD. · Niyam