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Supreme Court of India · 2019-02-20

WESTERN COALFIELDS LTD. vs COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS

Citation / case number
SC 2011/31958
Court
Supreme Court of India
Petitioner
WESTERN COALFIELDS LTD.
Respondent
COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS
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 addressed the issue of whether the six-month limitation period under Section 11B of the Central Excise Act, 1944 applies to refund claims made by a buyer when the duty was paid under protest by the manufacturer. The Court held that the limitation period does not apply in cases where the duty was paid under protest, allowing the buyer's claim for refund. The judgment clarified the interpretation of Section 11B, emphasizing that the buyer is entitled to seek a refund despite the limitation period due to the circumstances of the payment.

WESTERN COALFIELDS LTD. vs COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS · Niyam