VidhiSangh

Supreme Court of India · 24/03/2023

COMMISSIONER OF CENTRAL EXCISE MUMBAI – I versus M/S MORARJEE GOKULDAS SPG. & WVG. CO. LTD.

[2023] 7 S.C.R. 887 · 2023 INSC 285

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Summary

A textile mill's claim for refund of excise duty paid on captively consumed yarn was sanctioned in 2000, but on the Revenue's appeal under Section 35E of the Central Excise Act, 1944 the Commissioner (Appeals) set aside the refund in 2005 for unjust enrichment and limitation. The Tribunal and the Bombay High Court, following Bajaj Auto, held that the erroneous refund could not be recovered without a separate notice under Section 11A within its time limit. The Supreme Court allowed the Revenue's appeal: under its binding decision in Asian Paints, Sections 11A and 35E operate in different fields with different time limits, and once the refund order is set aside in Section 35E proceedings initiated within time the consequences follow without any further notice under Section 11A.

Issues

  1. Whether a separate notice under Section 11A of the Central Excise Act, 1944, issued within the period prescribed by that section, is a condition precedent to recovery of an erroneous refund where the order sanctioning the refund has been set aside in proceedings under Section 35E.

Provisions considered

Held

Result

Appeal allowed; Bombay High Court judgment dated 24.09.2008 and the Tribunal's order dated 12.10.2007 quashed; order of the Commissioner (Appeals), Mumbai dated 13.05.2005 setting aside the refund restored; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 887.