Supreme Court of India

Triveni Chemicals Ltd. v. Union of India and Anr.

Neutral citation
Bench S.B. Sinha and Markandey Ka Tju JJ.
Decided 15 December 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that the High Court was not correct in opining that the appellant was bound to prove that C the incidence of duty was not passed on to its customers.

Judgment, page 9

From the headnote

Central Excise Act, 1944-Section 1 I (As amended by Central Excise and Customs Laws (Amendment) Act, 1991)-Refund of excise duty-Plea of unjust enrichment raised by the claimant before the original as well as appellate authorities-After order for refund from judicial side, demand of refund from administrative side-Denial of refund on the ground that it was for the claimant to prove that the burden of duty had been passed on to the customers relying on Amendment Act-Held: Claimant was entitled to refund­ Provisions of Section 1 I as inserted by Amending Act would not be applicable to…

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