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september 2008

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.

Union Of India & Ors vs M/S. Dharamendra Textile Processors ... · Niyam