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.