Supreme Court of India

Commissioner of Central Excise v. M/s. Birla Corporation Ltd. & Anr.

Neutral citation
Reported as [2007] 2 S.C.R. 12
Bench Dr. Arljjt Pasa Yat and S.H. Kapadia JJ.
Decided 25 January 2007

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.

From the headnote

Central Excise Act, 1944-S. l I (2)(e)-Unjust enrichment-Bar of­ Held, applicable to claim for refund where orir,inal payments of duty were made under protest. The question which arose for consideration in the present appeal is whether CEGAT was justified in holding that the bar of unjust enrichment does not apply to claim for refund in cases where original payments of duty were made under protest. Disposing of the appeal, and remitting the matter to Assistant Collector, the Court HELD: I.I. Section ll- (2)(e) of Central Excise Act, 1944 conferred a right on the buyer to claim refund in cases

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