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HC rejects excise duty claim under Section 11B of Chennai Petroleum
Case Law Details
- Case Name
- Chennai Petroleum Corporation Ltd. Vs Commissioner of GST & Central Excise (Madras High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Madras High Court
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Chennai Petroleum Corporation Ltd. Vs Commissioner of GST & Central Excise (Madras High Court)
(a) The scheme of the Act contained in Section 11B of the Act read with other relevant provisions of the Central Excise Act as it then prevailed before the introduction of GST regime with effect from 1 July 2017, with regard to refunds is very clear viz., that it is only the person who has borne the incidence of Excise Duty, which was not leviable in law is entitled to claim refund of the same, subject to his locus standi and the limitation prescribed in Section 11B of the Act. The law on the sai...
