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Western Coalfields Ltd. Versus C.C.E. Madurai

2016 (1) TMI 324 - SUPREME COURT

Refund claim by the buyers of goods of excess duty paid by the manufacturer - unjust enrichment - period of limitation - Earlier the classification dispute ultimately came to be settled in favour of M/s. Fenner (India) Limited who did not claim refun .....

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IA] has referred the same matter to a larger Bench in the light of the conflicting decisions which it found between two Division Benches of this Court and paragraph 104 of the judgment in Mafatlal Industries Ltd. [1996 (12) TMI 50 - SUPREME COURT OF .....

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nch in this regard. - Civil Appeal No. 807 of 2006 with C.A. No. 7625 of 2005, C.A. Nos. 3217-3218 of 2010, C.A. Nos. 8439-8440 of 2011, C.A. Nos. 9693-9694 of 2011 and C.A. Nos. 4826 & 4992 of 2012. C.A. No. 807 of 2006 - Dated:- 6-8-2015 - A.K. Sik .....

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d, Mrs. Anil Katiyar, Arvind Kumar Sharma ORDER The appellants are Public Sector Undertakings engaged in coal mines. According to them the price of coal is fixed by the Coal Ministry and the appellants sell goods on the price fixed by the Ministry an .....

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e ultimately came to be settled in favour of M/s. Fenner (India) Limited who did not claim refund of differential duty on the goods. However, their buyers, namely, the appellants herein, filed refund claims. Show cause notices were issued by the Depa .....

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. An appeal was filed by the appellants herein to CESTAT which by judgment and order dated 8th August, 2005 has dismissed the said Appeal. Consequently, the appellants have filed the present Civil Appeals before us. By an order dated 16th December, 2 .....

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of Central Excise, Mumbai-II v. Allied Photographics India Ltd.). The appellants filed Review Petition No. 333/2006. By an order dated 23-7-2007 the review petition was allowed and the earlier order dated 16th December, 2005 was rejected, as a result .....

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