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Supreme Court of India · 2019-02-20

WESTERN COALFIELDS LTD vs COMMISSIONER OF CENTRAL EXCISE MADURAI

Citation / case number
SC 2005/21463
Court
Supreme Court of India
Petitioner
WESTERN COALFIELDS LTD
Respondent
COMMISSIONER OF CENTRAL EXCISE MADURAI
Author
HON'BLE MR. JUSTICE AJAY RASTOGI
Bench
HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court ruled that the six-month limitation period under Section 11B of the Central Excise Act, 1944 does not apply when a refund claim is made for central excise duty paid under protest. The Court held that the buyer, having paid the duty through the manufacturer, is entitled to seek a refund despite the limitation, as the duty was paid due to a classification dispute that was resolved in favor of the manufacturer. The Court overturned the Tribunal's decision that rejected the refund claim on the grounds of limitation and unjust enrichment.

WESTERN COALFIELDS LTD vs COMMISSIONER OF CENTRAL EXCISE MADURAI · Niyam