Supreme Court of India

The Deputy Commissioner Etc. v. Consumer Co-operative Stores Ltd.

Neutral citation
Reported as [1998] SUPP. 3 S.C.R. 454
Bench Sujata V. Manohar and G.B. Pattanaik JJ.
Decided 9 December 1998

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

In view of the aforesaid amendment of the Excise Regulation, the Excise Authorities of Andaman & Nicobar Islands rejected the prayer for refund of the duty and the respondents then moved the High Court in writ petitions challenging the legality of the amended provision and seeking a writ of mandamus to the appellant to refund the alleged illegal levy collected by the Excise Authorities.

Judgment, page 3

From the headnote

Excise-Refund-Doctrine of 'unjust enrichment'-App/icabi/ity of­ Notification prescribing excise duty to be payable by licencees on the vending of Indian made foreign liquor issued by Chief Commissioner under R.29 of Andaman Excise Rules, 1934-Licencees paying the duties in advance­ High Court, on challenge, set aside the said notification and directing the Department to pass final orders on application for refund in certain other cases as well-But before the refund of the duty, President promulgating Andaman & Nicobar Islands (Amendment) Regulation, 1984 authorising levy of duty on such goods

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