NATIONAL WINDER vs COMMNR. OF CENTRAL EXCISE, ALLAHABAD — C.A. No. 6456 - 6458/2000
Case under Section I-B. Status: 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
Petitioner(s)
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1.NATIONAL WINDER
Adv. V. BALACHANDRAN
Respondent(s)
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1.COMMNR. OF CENTRAL EXCISE, ALLAHABAD
Adv. B. KRISHNA PRASAD
Case History
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Case disposedDisposed
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11-Mar-2003
ROP - of Main CaseView PDF
-
06-Sep-2000
Case filed
Registration No. C.A. No. 6456 - 6458/2000
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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