M/S. NATIONAL ENGINEERING INDUSTRIES vs COMMNR. OF CENTRAL EXCISE, JAIPUR — C.A. No. 4944/2000
Case under Section I-B. Status: Disposed.
CNR: SCIN010117412000
Filing Date
18-Jul-2000
Registration No
C.A. No. 4944/2000
Diary Number
11741/2000
Order Date
14-Sep-2005
Document Type
ROP - of Main Case
Disposal Type
Dismissed
Last updated 05-Jun-2026
Acts & Sections
Petitioner(s)
-
1.M/S. NATIONAL ENGINEERING INDUSTRIES
Respondent(s)
-
1.COMMNR. OF CENTRAL EXCISE, JAIPUR
Adv. P. PARMESWARAN
Case History
Case Summary: National Engineering Industries v. Commissioner of Central Excise, Jaipur Outcome: The Supreme Court dismissed National Engineering Industries' civil appeal on September 14, 2005. The court upheld the CEGAT's denial of excise duty refund on unjust enrichment grounds, finding no infirmity in the lower tribunal's judgment. Key Issue: The appellant sought refund of excise duty for 1976-1979 under Notification No. 198/76-CE. Although CEGAT initially decided the benefit calculation dispute in appellant's favor, the refund was withheld because the company had already recovered the amounts from customers. By the time refund claims were processed in 1993, Section 11-B had been amended to incorporate the unjust enrichment doctrine, which applied to bar the refund. Reasoning: The court held that the law applicable at the time the refund claim was actually considered (1993) must govern, and under the amended Section 11-B, no refund could be granted where amounts were already recovered from customers. This case analysis is maintained by casestatus.in based on publicly available court records.
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