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january 2007

Supreme Court of India · 2007-01-25

COMMNR. OF CENTRAL EXCISE, JAIPUR vs M/S. BIRLA CORP. LTD.

Citation / case number
SC 2004/3311
Court
Supreme Court of India
Petitioner
COMMNR. OF CENTRAL EXCISE, JAIPUR
Respondent
M/S. BIRLA CORP. LTD.
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the principle of unjust enrichment does not apply to refund claims where excise duty was paid under protest, as established in Sinkhai Synthetics & Chemicals (P) Ltd. v. Collector of Central Excise, Aurangabad. The Court set aside the CEGAT's ruling that had previously denied the refund based on unjust enrichment, affirming that the refund should be granted to the respondent. The decision clarified the applicability of Section 11-B of the Central Excise Act, 1944, and emphasized that payments made under protest are exempt from the unjust enrichment doctrine.

COMMNR. OF CENTRAL EXCISE, JAIPUR vs M/S. BIRLA CORP. LTD. · Niyam