M/S. OMKAR OVERSEAS LTD. . vs UNION OF INDIA . — C.A. No. 5179/2001

Summary: C.A. No. 005179/2001 - M/S. Omkar Overseas Ltd. v. Union of India Outcome: The Supreme Court allowed the appeal on August 5, 2003, holding that Omkar Overseas Ltd. is entitled to rebate under Notification No. 29/96-CE(NT). The Court set aside the High Court's judgment and the Joint Secretary's revision order, ruling that rebate cannot be denied merely because the manufacturer (Gopi Synthetics) had short-paid duty if no fraud, collusion, or willful misstatement occurred. Since Gopi Synthetics paid the shortfall and penalty was waived with finality, the exporter's rebate claim must be granted. No costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.