Supreme Court · 2015 INSC 627 · Decided 2 September 2015

Commissioner of Central Excise, Tiruchirapalli v. M/S. Dalmia Cement(Bharat) LTD.

Court
Supreme Court of India
Citation
2015 INSC 627 · [2015] 9 S.C.R. 257
Case number
CIVIL APPEAL No. 3600/2006
Decided
2 September 2015
Bench
A.K. SIKRI, R.F. NARIMAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Central Excise Act Section 118

Headnote

Central Excise Act, 1944-s. 118 (as amended)-Claim c for refund of duty - Applicability of s. 11 B, to cases where though an order has been passed directing refund, implementation of the orderis pending - Held: If the order for refund on such an application had already been into force the amended provision and no D application was pending at the commencement of the Central Excise and Customs Laws (Amendment) Act, 1991 before the Assistant Commissioner, the question of applying the said proviso and going into the issue as to whether incidence of such duty had been

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