Supreme Court · 2006 INSC 1025 · Decided 15 December 2006

Triveni Chemicals LTD. v. Union of India and ANR.

Court
Supreme Court of India
Citation
2006 INSC 1025 · [2006] SUPP. 10 S.C.R. 1197
Case number
CIVIL APPEAL No. 5836/2006
Decided
15 December 2006
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Central Excise Act Section 1I

Headnote

B Central Excise Act, 1944-Section 1 I B (As amended by Central Excise and Customs Laws (Amendment) Act, 1991)-Refund of excise duty-Plea of unjust enrichment raised by the claimant before the original as well as appellate authorities-After order for refund from judicial side, demand of C refund that the burden of duty had been passed on to the customers relying on Amendment Act-Held: Claimant was entitled to refund­ Provisions of Section 1 I B as inserted by Amending Act would not be applicable to application to be dealt with on administrative side- D Administrative authorities

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