CENTRAL EXCISE REFUND

[girish kumar]

Hello

I had paid duty under protest through a company XYZ to central excise since XYZ had central excise registration . Now XYZ has won all the issues and duty paid has to be refunded by department with order of supreme court .XYZ has written to us saying to claim refund from department under 11D but when I applied to department the same they sent back letter saying you are not enritled to claim as you are under their jurisdiction and XYZ has to claim since he has the excise registration .

Please share your views .

AI Summary

User Advised to Seek Disclaimer from XYZ for Central Excise Duty Refund Claim; Legal Precedents Cited for Support. A user in a discussion forum sought advice on claiming a central excise duty refund paid under protest through a company, XYZ, which holds the excise registration. The Supreme Court ruled in favor of XYZ, entitling a refund. However, the department rejected the user's refund claim, stating that XYZ should claim it due to their registration. Respondents advised obtaining a disclaimer from XYZ and proof of not passing the duty to consumers. They suggested XYZ file the refund claim, citing legal precedents and potential issues with unjust enrichment if XYZ collected the duty from the user.