Supreme Court of India · 2008-09-29
Union Of India & Ors vs M/S. Dharamendra Textile Processors ...
- Citation / case number
- AIR 2008 SC (SUPP) 668
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- M/S. Dharamendra Textile Processors ...
- Author
- Arijit Pasayat
- Bench
- Aftab Alam, P. Sathasivam, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the issue of the applicability of the provisions of the Central Excise Act, 1944, specifically Sections 11A and 11B, in relation to the refund of excise duty. The Court held that the principles of unjust enrichment must be applied when considering refund claims, establishing that a claimant must prove that they have not passed on the burden of duty to consumers. The appeals were allowed, and the matter was remanded for further proceedings consistent with this ruling.