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Excess interest to be refunded back as rule 8(3) is ultra vires to section 11AB(1) of Central Excise Act
Case Law Details
- Case Name
- Durga Board and Paper Industries Limited Vs Union of India and another (Punjab and Haryana High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Punjab and Haryana HC
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Durga Board and Paper Industries Limited Vs Union of India and another (Punjab and Haryana High Court)
Punjab and Haryana High Court held that Sub-Rule (3) of Rule 8 is ultra vires to Section 11AB(1) of the Central Excise Act, 1944, therefore, excess amount received by the department is to be refunded back. Accordingly, refund of excess interest amount granted.
Facts- Petitioner is engaged in manufacturing of Duplex Board. The present writ petition has been preferred seeking to recover a sum of Rs.3,66,649/- which was paid by the petitioner to the Department as interest in excess of actual int...
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