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2016 (2) TMI 73 - DELHI HIGH COURT

2016 (2) TMI 73 - DELHI HIGH COURT - TMI - Refund - unjust enrichment - filing of writ petition against the order of adjudicating authority - Held that:- The Court is of the considered view that instead of there being parallel proceedings on the question of entitlement of the Appellant to refund, the better course would be to permit the Appellant to raise the aforesaid three issues, apart from other issues it may want to raise, in the appeal to be filed by it against the order dated 30th Novembe .....

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in a period of three months from the date of registration of such appeal. - SERTA No. 3/2016 - Dated:- 22-1-2016 - S. Muralidhar And Vibhu Bakhru, JJ. For the Appellant : Mr. J K Mittal, Adv with Mr. Rajveer Singh, Adv For the Respondent : Mr. Rahul Kaushik, Adv ORDER CM APPL No. 2159 of 2016 (exemption) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. CM APPL No. 2158 of 2016 (delay) 3. For the reasons stated in the application, the delay in filing the appeal is co .....

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ovember 2015 rejecting the refund application primarily on the ground that the Appellant was not able to satisfy the said authority that it has not passed on the burden of service tax. Accordingly, the amount claimed as refund was directed to be transferred to the Consumer Welfare Fund in terms of Section 11B of the Central Excise Act,1944 (Act). 7. It is stated by Mr. J.K. Mittal, learned counsel for the Appellant that the Appellant would be filing an appeal against the aforementioned order dat .....

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