NATIONAL WINDER vs COMMNR. OF CENTRAL EXCISE, ALLAHABAD — C.A. No. 6456 - 6458/2000

Case under Section I-B. Status: Disposed.

Disposed

CNR: SCIN010150662000

Filing Date

06-Sep-2000

Registration No

C.A. No. 6456 - 6458/2000

Diary Number

15066/2000

Order Date

11-Mar-2003

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Last updated 07-Jun-2026

Acts & Sections

Section I-B

Petitioner(s)

  1. 1.NATIONAL WINDER

    Adv. V. BALACHANDRAN

Respondent(s)

  1. 1.COMMNR. OF CENTRAL EXCISE, ALLAHABAD

    Adv. B. KRISHNA PRASAD

Case History

  1. Case disposedDisposed

  2. 11-Mar-2003

    ROP - of Main CaseView PDF

  3. 06-Sep-2000

    Case filed

    Registration No. C.A. No. 6456 - 6458/2000

casestatus.in Summary

Summary National Winder appealed the CEGAT majority decision that purchasers claiming excise duty refunds under Section 11B must do so within six months of purchase, with no extension even if the manufacturer paid duty under protest. The Supreme Court set aside this judgment, holding that the proviso exempting the six-month limitation applies when duty is paid under protest by the manufacturer, extending this benefit to purchaser refund claims as well. The Court remitted the matter to the appropriate authority for reconsideration, clarifying that purchasers must still satisfy Section 11B conditions regarding duty collection and non-passing of incidence. No order as to costs. This case analysis is maintained by casestatus.in based on publicly available court records.

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