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Central Excise - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

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


Refunds for Education Cess Allowed: SRD Nutrients Case Applies Despite Unicorn Industries Ruling.

February 12, 2024

Case Laws     Central Excise     AT

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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