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Central Excise - Highlights / Catch Notes

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Refund of Education Cess and S&H Education Cess paid through PLA ...

Case Laws     Central Excise

February 12, 2024

Refund of Education Cess and S&H Education Cess paid through PLA - The Department argued that the subsequent decision in Unicorn Industries rendered SRD Nutrients per incuriam, justifying the denial of the refund. However, both the Jammu and Kashmir High Court and the Hon’ble Apex Court upheld the applicability of SRD Nutrients to cases where the decision had attained finality before the subsequent ruling in Unicorn Industries. - Consequently, refund allowed.

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