TMI Blog1990 (9) TMI 83X X X X Extracts X X X X X X X X Extracts X X X X ..... pany incorporated under the Companies Act, 1956 and inter alia manufacture insulating enamels, varnishes and resins for electrical industry in the factory at Pimpri, Pune. The petitioners manufacture a product known as 'Insulation Adhesive P80'. The adhesive is obtained by dissolving duty paid polyvinyl alcohol powder in water. The petitioners classified the manufacture of adhesive under Tariff It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid in respect of manufacture of adhesive under mistake of law. The petitioners thereupon forwarded revised classification list dated March 12, 1980, to the Assistant Collector. The revised classification list was approved by the Assistant Collector on September 20, 1980. The petitioners thereafter on September 30, 1980 sought refund of duty wrongly paid for the period commencing from March 12, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appearing on behalf of the petitioners, submitted that the view taken by the Asstt. Collector holding that the claim is barred by Rule 11 is not correct. The learned counsel submitted that even otherwise, the defence of limitation is not available to the department in a proceedings under Article 226 of the Constitution, when the duty was paid by the assessee under a mistake of law. By catena of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted with reference to the decision of Full Bench of this Court in New India Industries Ltd. v. Union of India (1990 (46) E.L.T. 23) that the writ Court is required to satisfy that the tax burden is in fact shifted by the assessee to others and an order of refund would result in unjust enrichment. It is undoubtedly true that in accordance with the Full Bench decision, it is necessary for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise, Pune, dated March 27, 1981, copy of which is annexed as exhibit 'L' to the petition, is set aside and proceedings are remitted back to the Asstt. Collector for determination of amount of refund payable. The Asstt. Collector should complete the process and refund the duty on or before December 31, 1990. In case the Asstt. Collector fails to do so, then the department will be liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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