Supreme Court of India

Union of India and Ors. v. I.T.C. Limited

Neutral citation
Bench Kuldip Singh and Dr. A.S. Anand JJ.
Decided 16 July 1993

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that in the facts and circumstances of the present case, the provisions of Section llB as amended by Act 40 of 1991 are clearly attracted to the present case because the order of the Division Bench of the High Court had not acquired any finality when the amendment Act of 1991 came into force and H 288 SUPREME COURT REPORTS (1993] SUPP. I S.C.R. A the present appeal was pending in this Court.

Judgment, page 16

From the headnote

Central Excises and Salt Act, 1944-Section 4 (a)-Application for refund of excess excise duty paid under mistake of law-Laches-Held Government under a legal obligation to return the excess excise duty received/recovered by it since the same was not payable by the party-Assessee not guilty of any laches to claim refund. Sections 11(B) and 12 (B) as amended by the Amending Act, 1991-Scope of Section 11(B) as amended by the Amending Act, 1991-Plea relating to interpretation of the amended provisions, coming into force only during the pendency of the appeal, whether could be permitted-Held plea relating to interpretation of a statutory provision is essentially a question of law-Could be permitted to be raised during the hearing of the Appeal.

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