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Supreme Court of India 2019-02-20 dismissed

WESTERN COALFIELDS LIMITED THROUGH ITS MD vs COMMNR. OF CENT.EXC.AND CUST.,AURANGABAD

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

Western Coalfields Limited, a coal mining PSU, sought refund of central excise duty on conveyor belts purchased from a manufacturer that had paid duty under protest due to pending classification disputes. The Supreme Court dismissed the appeal, holding that a buyer's refund claim under Section 11B of the Central Excise Act must comply with the six-month limitation period from the date of purchase, irrespective of whether the manufacturer paid duty under protest. The manufacturer's protest does not extend to the buyer's separate claim; manufacturers and buyers have distinct legal rights regarding refund applications."]

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Excise Duty Refund Claims Taxation Central Excise Act Limitation Duty Under Protest Buyer and Manufacturer Rights

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