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Issues:
Refund of excise duty paid under Handloom Cess Act, applicability of limitation under Section 11-B of Central Excise Act, maintainability of writ petition due to alternate remedy, principles governing refund of unconstitutional taxes, unjust enrichment in claiming refund. Analysis: The petitioner, a yarn and fabric manufacturing company, sought a refund of excise duty paid under the Handloom Cess Act, claiming it was erroneously paid due to misclassification of the fabric. The company stopped paying the cess after realizing the error and sought refunds for different periods. The issue of limitation under Section 11-B of the Central Excise Act arose regarding the refund claims. The company argued that the general law of limitation applied, citing a three-year period from the discovery of the mistake, rather than the six-month limit under Section 11-B. The Central Government Standing Counsel raised objections to the writ petition's maintainability, citing an alternate statutory appeal route. The petitioner contended that the Central Excise Act did not apply as the cess was paid under a mistake under the Handloom Cess Act. The petitioner relied on a Supreme Court decision emphasizing that a refund can be sought for unconstitutional taxes without being bound by statutory limitations. The court referred to various precedents to determine principles governing refunds of unconstitutional taxes. It highlighted that refund claims should not automatically be granted and must consider factors like undue enrichment, absence of passing on the burden, and lack of delay in seeking redress. The court emphasized that the burden of proof lies with the claimant to show they did not pass on the duty to consumers to prevent unjust enrichment. In this case, the court found that the petitioner had included the Handloom Cess in customer bills, indicating the burden was passed on to consumers. As the petitioner did not bear the duty's burden, granting a refund would result in unjust enrichment. Therefore, the court dismissed the petition, emphasizing the principle that refunds should not benefit manufacturers at the expense of consumers to prevent unjust enrichment.
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