9911796707
TMI Blog2004 (12) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Rao Anumolu, Advocates, with him) for the respondents. Anil B. Dewan, Senior Advocate (E.C. Agrawala, Mahesh Agarwal, Rishi Agrawal and Manu Krishnan, Advocates, with him), for the appellant. -------------------------------------------------- The judgment of the Court was delivered by N. SANTOSH HEGDE, J.-In C.A. No. 5341 of 1996 a dispute had arisen between the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent (sic) is entitled to recover the difference of octroi duty. No costs." 2.. The use of the word "respondent" therein is a typographical error and there is a dispute that the entitlement to recover the differential duty is that of the applicant-appellant herein. 3.. In the present application seeking clarification the applicant has complained that in spite of the aforesaid directions the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the potable alcohol. Therefore, demand for refund of the excess octroi claimed by the applicant would amount to unjust enrichment and relying on the judgment of this Court in the case of McDowell and Co. Ltd. v. Commercial Tax Officer [1985] 59 STC 277. (1985) 3 SCC 230 the municipality has pleaded that the burden of proof that such an octroi has not been passed on to the purchaser of its prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from it to its consumers. Even that apart as stated hereinabove in the three-Judge judgment from which this application has arisen it is in very clear terms stated that the applicant is entitled to recover the difference of octroi duty and from the material on record it is clear that there is no dispute that excess duty was in fact collected by the municipality; the argument of unjust enrichmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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