2002 (9) TMI 4 - SUPREME COURT

Applicability of section 41(1) - excise duty refunded by the Department was brought to tax by invoking section 41(1) - Tribunal was not right in holding that the refunded amount was not assessable under section 41(1) - High Court rightly observed that on the facts of that case, the question of cessation or remission of liability did not arise for consideration at all - no merit in the appeal - appeal is dismissed