Sponsored
    Follow Us:

Case Law Details

Case Name : Union of India & Anr. Vs Gujarat Insecticides Ltd. & Anr. (Supreme Court of India)
Appeal Number : 2015 (12) TMI 1214
Date of Judgement/Order :
Related Assessment Year :
Sponsored

CA Bimal Jain

CA Bimal JainFacts:

Gujarat Insecticides Ltd. & Anr. (“the Respondent”) has deposited amount under protest during pendency of appeal before the Hon’ble Supreme Court as no stay was granted. The Hon’ble Supreme Court allowed appeal in favour of the Respondent. Thereafter, the Respondent filed refund claim of the amount so deposited under protest. The Ld. Sr. Central Government Standing Counsel alleged that the amount, which had been paid under protest was the amount of duty and, therefore, it was obligatory on the part of the Respondent to adduce evidence to the effect that the Respondent had not passed on the incidence of the duty to the buyers so as to be entitled to the refund.

Held:

The Hon’ble Supreme Court observed that there are two things which become apparent from the reading of the Order of the High Court that are:

  • The duty for which the claim of refund is made, was paid under protest by the Respondent during the pendency of the adjudication proceedings;
  • Further, the intermediary product was not marketable.

Hence, it was held that there was no question of passing on this element of duty to consumers/buyers, and accordingly, refund claim was allowed.

(Author can be reached at Email: bimaljain@hotmail.com)

Read Other Articles from CA Bimal Jain

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031