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may 2015

Supreme Court of India · 2015-05-05

UNION OF INDIA vs UTTAM STEEL LTD.

Citation / case number
SC 2004/6325
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
UTTAM STEEL LTD.
Author
R.F. Nariman

Judgment text excerpt

The Supreme Court ruled that the amendment to Section 11B of the Central Excise Act, 1944, which extended the limitation period for filing rebate claims from six months to one year, applies retrospectively. The Court held that the right to claim a rebate of duty under Rule 12 is not extinguished by the failure to file within the original six-month period, as the limitation is procedural and does not affect substantive rights. Consequently, the Court upheld the appellate authority's decision allowing the rebate claim filed within the one-year period following the amendment.

UNION OF INDIA vs UTTAM STEEL LTD. · Niyam