Time bar on tax demands under the Finance Act applies; recoveries and refunds governed by central excise limitation rules. The Board directs that recoveries under the Finance Act's recovery provision are governed by the Central Excise Act's time limit, following the Supreme Court's dismissal of the Department's appeal against a High Court decision that held such recoveries time barred. The materially identical recovery provision in the Finance Act attracts the same limitation rule mutatis mutandis, and refunds under that provision are governed by the Central Excise Act's refunds limitation rule; pending cases should be disposed of accordingly.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Time bar on tax demands under the Finance Act applies; recoveries and refunds governed by central excise limitation rules.
The Board directs that recoveries under the Finance Act's recovery provision are governed by the Central Excise Act's time limit, following the Supreme Court's dismissal of the Department's appeal against a High Court decision that held such recoveries time barred. The materially identical recovery provision in the Finance Act attracts the same limitation rule mutatis mutandis, and refunds under that provision are governed by the Central Excise Act's refunds limitation rule; pending cases should be disposed of accordingly.
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