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    <title>2003 (3) TMI 116 - Supreme Court</title>
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    <description>Section 11B was interpreted to allow a purchaser to claim refund after the 1991 amendment, with the purchaser&#039;s relevant date treated as the date of purchase. The proviso excluding the six months&#039; limitation where duty was paid under protest was held to apply broadly to all refund claims under Section 11B, not only to manufacturers. A manufacturer&#039;s protest was sufficient to attract the proviso for a purchaser&#039;s claim, provided the substantive refund conditions were met, including that the duty was collected from or paid by the claimant and the incidence had not been passed on.</description>
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    <pubDate>Tue, 11 Mar 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=46560</link>
      <description>Section 11B was interpreted to allow a purchaser to claim refund after the 1991 amendment, with the purchaser&#039;s relevant date treated as the date of purchase. The proviso excluding the six months&#039; limitation where duty was paid under protest was held to apply broadly to all refund claims under Section 11B, not only to manufacturers. A manufacturer&#039;s protest was sufficient to attract the proviso for a purchaser&#039;s claim, provided the substantive refund conditions were met, including that the duty was collected from or paid by the claimant and the incidence had not been passed on.</description>
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