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february 2019

Supreme Court of India · 2019-02-20

WESTERN COALFIELDS LIMITED THROUGH ITS MD vs COMMNR. OF CENT.EXC.AND CUST.,AURANGABAD

Citation / case number
SC 2012/17837
Court
Supreme Court of India
Petitioner
WESTERN COALFIELDS LIMITED THROUGH ITS MD
Respondent
COMMNR. OF CENT.EXC.AND CUST.,AURANGABAD
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 applicability of the six-month limitation period under Section 11B of the Central Excise Act, 1944 for refund claims made by a buyer when the excise 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 that the buyer is entitled to seek a refund despite the time elapsed since the duty was paid, emphasizing the principle of unjust enrichment.

WESTERN COALFIELDS LIMITED THROUGH ITS MD vs COMMNR. OF CENT.EXC.AND CUST.,AURANGABAD · Niyam