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2015 (4) TMI 122 - SUPREME COURTRefund claim - retrospective amendment reducing rate of excise duty - Period of limitation - Unjust enrichment - sanctioned claim was ordered to be credited to the Consumer Welfare Fund on account of unjust enrichment - Held that:- The notification revising the rate of excise duty was issued on 31.10.2000 and given retrospective effect that is, w.e.f., 01.07.1999. Thus, only on the issuance of this notification, the excise duty was reduced. It would, therefore, be clear that 31.10.2000 is the trigger point which entitled the appellant to claim the refund. In the absence of any such notification there was no cause of action in favour of the appellant to make any such application for refund. As a natural consequence, therefore, the period of limitation has to be reckoned from 31.10.2000. It is not in dispute that application for refund was filed on 19.06.2001 and the period of limitation at that time was one year. The applications for refund were, therefore, clearly within limitation. We do not understand the logic or rationale behind the order of the CESTAT counting the period from July, 1999 for which the excess amount was sought to be refunded. The order of the CESTAT is, therefore, palpably wrong and erroneous in law - appellant is entitled to succeed in the claim of entire amount of ₹ 26,23,366/-. The aforesaid amount shall carry interest of nine per cent per annum (to be calculated from the date when the refund became payable till the date when the amount is actually paid) shall be paid to the appellant within a period of two months - Decided in favour of assessee.
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