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of <h1>Supreme Court sets aside High Court order for restitution, refunds amount to assessee</h1> <h3>JOHNSON & JOHNSON LTD. Versus COMMISSIONER OF C. EX. (APPEALS)</h3> JOHNSON & JOHNSON LTD. Versus COMMISSIONER OF C. EX. (APPEALS) - 1997 (96) E.L.T. 502 (S.C.) The Supreme Court allowed the appeal, setting aside the High Court's direction for restitution of the amount of Rs. 39,15,236.89 paid to the assessee in 1987. The Court held that the amount had already been refunded and there was no pending claim for refund. The decision in Mafatlal Industries did not support the department's contention. The amount is to be refunded to the assessee, and no costs were awarded.
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